Usman and 3 Others v. State of U.P. and Another
INTERIM STAY OF SESSION TRIAL – MARRIAGE BETWEEN APPLICANT AND VICTIM
Case brief
What is this about?
Section 528 BNSS application; inherent powers of High Court; rape on false promise of marriage; subsequent marriage between applicant no.1 and the victim; marriage registration certificate page 77; both parties major; compromise between parties ('buried their hatchet'); factum of marriage admitted in counter affidavit; interim stay of session trial; Session Case No.65 of 2025 (State Versus Usman and others); Case Crime No.251 of 2024; Sections 69, 352, 351(2) BNS; Police Station Bhagatpur; District Moradabad; Session Judge FTC Court No.02 Moradabad; next date of listing 29.10.2025; affidavits in reply to be exchanged; Allahabad High Court; Avnish Saxena, J.; interim protection to accused in rape case upon marriage with victim.
What did the court decide?
Interim stay: till the next date of listing (29.10.2025), further proceedings in Session Case No.65 of 2025 (State Versus Usman and others) shall remain stayed; meanwhile the parties may exchange affidavits in reply to the averments; case to be listed on 29.10.2025 showing the name of Sri Divyanshu Pathak as counsel for opposite party no.2. The application itself remains pending and was not finally decided.