Rajesh Gupta @ Rajesh vs State of U.P. Thru. the… — Matrimonial and Divorce | Allahabad HC (2026)

Rajesh Gupta @ Rajesh vs State of U.P. Thru. the… — Matrimonial and Divorce | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Special Trial No. 2152 of 2025 (State Vs. Rajesh Gupta) arising out of Case Crime No. 203 of 2025 under Sections 65(1) of BNS and 5L, 6 of POCSO, P.S.-Jethwara, District-Pratapgarh until the next listing on 06.04.2026; final decision on the quashing prayer deferred until the parties obtain a marriage certificate from the competent authority.

Issue for consideration

Whether the proceeding arising out of Special Trial No. 2152 of 2025 (State Vs. Rajesh Gupta), Case Crime No. 203 of 2025 under Sections 65(1) of BNS and 5L, 6 of POCSO Act, P.S.-Jethwara, District-Pratapgarh should be quashed, on the applicant's contention that the parties' relations are consensual, they are living together, and they have applied for marriage under the Special Marriage Act. +1 more

Court's answer

Decision on the quashing application deferred: since the marriage is to be solemnized in proper way and is pending before the competent authority in district Pratapgarh, the Court found it appropriate to decide the case only after the parties get a marriage certificate from the competent authority.

Ratio / Principle

Interim stay: the proceedings of Special Trial No. 2152 of 2025 (State Vs. Rajesh Gupta) arising out of Case Crime No. 203 of 2025 under Sections 65(1) of BNS and 5L, 6 of POCSO, P.S.-Jethwara, District-Pratapgarh shall remain stayed till the next listing.

Key takeaways

The application is to be put up afresh on 06.04.2026, which fixes the period of the interim stay.ratio¶19

Detailed headnote1 paragraphs

Applicant Rajesh Gupta @ Rajesh, through Application u/s 528 BNSS No. 985 of 2026 before the High Court of Judicature at Allahabad (Lucknow Bench), prayed for quashing of the proceedings arising out of Special Trial No. 2152 of 2025 (State vs. Rajesh Gupta), Case Crime No. 203 of 2025, under Sections 65(1) of BNS and 5L, 6 of POCSO Act (P.S. Jethwara, District Pratapgarh). Counsel submitted that the applicant's relations with opposite party No. 2 are consensual, that both are living together and have applied for marriage under the Special Marriage Act (pending before the concerned Magistrate, Pratapgarh), and that the applicant's arrest had prevented completion of the marriage; counsel for opposite party No. 2 conceded. The Court (Divesh Chandra Samant, J.) deferred its decision until the parties obtain a marriage certificate from the competent authority, put the matter up afresh on 06.04.2026, and meanwhile stayed the said trial proceedings. Order dated March 12, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 985 of 2026

Rajesh Gupta @ Rajesh

.....Applicant(s)

Versus

State Of U.P. Thru. The Addl. Chief Secy. Home Lko. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s) : P.K. Singh Bisen Counsel for Opposite Party(s) : G.A.

Court No. - 29

HON'BLE DIVESH CHANDRA SAMANT, J.

Learned counsel for the applicant and learned A.G.A. are present.

Ms. Pallavi Mishra, Advocate, put in appearance on behalf of opposite party No. 2 has filed short counter affidavit along with vakalatnama, which is taken on record.

It has been submitted by learned counsel for the applicant that relations between the applicant and the opposite party No. 2 are based on consensual relations. It is next submitted that both the applicant and opposite party No. 2 are living together and have applied for marriage under the Special Marriage Act, which is pending before the concerned Magistrate, District-Pratapgarh. It is next submitted that due to applicant being arrested, the marriage could not be completed before the concerned authority.

It is prayed that since both the parties are living together and have applied for marriage, therefore, the proceeding arising out of Special Trial No. 2152 of 2025(State Vs. Rajesh Gupta), Case Crime No. 203 of 2025 under Sections 65(1) of BNS and 5L, 6 of POCSO Act, P.S.-Jethwara, District-Pratapgarh be quashed.

Learned counsel for the opposite party No. 2 has conceded to the submission of learned counsel for the applicant.

NA528 No. 985 of 2026

2

Since the marriage is to be solemnized in proper way, which is pending before the competent authority in district Pratapgarh, it would be appropriate that this case be decided after the parties get a marriage certificate from the competent authority.

Put up as fresh on 06.04.2026.

Till then, the proceeding of Special Trial No. 2152 of 2025(State Vs. Rajesh Gupta), arising out of Case Crime No. 203 of 2025 under Sections 65(1) of BNS and 5L, 6 of POCSO. P.S.-Jethwara, District-Pratapgarh shall remain stayed.

(Divesh Chandra Samant,J.)

March 12, 2026 ADY

Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad, Lucknow Bench