Monu @ Mukesh Kumar vs State Of U.P. And Another
2015 Latest Caselaw 1429 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 19550 of 2015
 

 
Applicant :- Monu @ Mukesh Kumar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Dinesh Kumar Sharma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri Dinesh Kumar Sharma, learned counsel for the applicant, and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 932 of 2015, pending before the learned IIIrd A.C.J.M. District Gautam Buddh Nagar, in Case Crime No. 14 of 2015, under Sections 363, 366 I.P.C. P.S. Dadri, District Gautam Budh Nagar.

The contention is that the applicant no.1, is married to Alka Raghav (victim), daughter of opposite party no.2. Further contention is that as per medical evidence the victim on 15.1.2015 is reported to be above 18 years and her marriage has also been registered before Registrar Hindu Marriage on 21.11.2014. Further contention is that the victim in her statement u/s 164 Cr.P.C. stated that she went of her own sweet will with the applicant. Thus, in the light of the above facts the contention is that the prosecution of the applicant  is nothing but an abuse of process of law which is liable to be quashed.

Learned A.G.A. has accepted notice on behalf of opposite party no. 1.

Issue notice to opposite party no. 2.

Opposite parties may file counter affidavit's within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List in the week commencing 28.9.2015, before appropriate Court.

Till the next date of listing, further proceedings of Criminal Case No. 932 of 2015, pending before the learned IIIrd A.C.J.M. District Gautam Buddh Nagar, in Case Crime No. 14 of 2015, under Sections 363, 366 I.P.C. P.S. Dadri, District Gautam Budh Nagar shall remain stayed.

Order Date :- 23.7.2015

AHN