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2026 Supreme(SC) 634

B. V. NAGARATHNA, UJJAL BHUYAN
Ishwar Chand Sharma – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Dr. L.S. Chaudhary, Adv. Dr. Ajay Chaudhary, Adv. Mr. Bharat Chaudhary, Adv. Ms. Vinita, Adv. Ms. Monika Chaudhary, Adv. Ms. Pratima Vishwakarma, Adv. Ms. Anjale Patel, Adv. Mr. Sanjeev Malhotra, AOR
For the Respondent(s): Dr. Vijendra Singh, AOR Ms. Apurva Singh, Adv. Ms. Ashwin Lakra, Adv. Mr. Nitesh Ranjan, AOR

JUDGMENT

NAGARATHNA, J.

Leave granted.

2. The present criminal appeal has been preferred by the accused/appellants aggrieved by the impugned order dated 15.09.2025 passed by the High Court of Allahabad in Application U/S 528 BNSS No.34442 of 2025 wherein the High Court refused to quash the criminal proceedings against them, arising out of Complaint Case No.05 of 2025 pending adjudication before the Court of Special Judge (POCSO Act)/Additional Sessions Judge, Meerut (hereinafter referred to as “trial court”). The said complaint was lodged by respondent No.2 (hereinafter referred to as “the complainant”) under Sections 65, 74, 352, 351(2), 115 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS”) and under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”).

Factual Background:

3. Briefly stated, the facts of the case are that accused/appellant No.1 is the husband of the complainant whereas the accused/appellant No.2 is the mother-in-law of the complainant. The accused/appellant No.3 and accused/appellant No.4 are sister-in-law and brother-in-law of the complainant respectively. The said accused/appellants

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