Deepu vs State Of U.P. And Another
2018 Latest Caselaw 3216 ALL

Citation : 2018 Latest Caselaw 3216 ALL
Judgement Date : 11 October, 2018

Allahabad High Court

Deepu vs State Of U.P. And Another on 11 October, 2018

Bench: Saral Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 36992 of 2018
 

 
Applicant :- Deepu
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Kamlesh Prasad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saral Srivastava,J.

The present application under section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 17.05.2018 and that the entire criminal proceedings of Case No. 2406 of 2018 (State versus Deepu) arising out of Case Crime No. 91 of 2018 under Section 376, 504 and 506 I.P.C., Police Station Parasrampur, District-Basti, pending in the court of Additional Chief Judicial Magistrate, Ist, Basti.

Learned counsel for the applicant has contented that the opposite party no. 2 is already married to one Dilip. Counsel for the applicant contends that the husband of the opposite party no. 2 has initiated the proceeding under section 9 of the Hindu Marriage Act against opposite party no. 2. He contends that the readings of the FIR reflects that allegations in the F.I.R. against the applicant are frivolous. He further submits that when the complainant/prosecutrix is married and her marriage is subsisting on the day the allegations of physical relationship was made with the accused, in such a situation the assertion made by the complainant/prosecutrix that she was induced by accused for the physical relationship with him on the basis of promise of marry her stands irrefutably falsified. In support of aforesaid submission he has relied on a judgment of Bombay High Court in Criminal Application (APL) No. 191 of 2014 (Sachin V/s. State of Maharashtra) decided on 14.06.2018.

Matter requires consideration.

Issue notice to the opposite party no. 2 returnable at an early date.

Respondents are granted four weeks time to file counter affidavit.

Till the next date of listing further proceedings in Criminal Case No. 2406 of 2018 (State versus Deepu) pending in the court of Additional Chief Judicial Magistrate shall remain stayed.

List after expiry of four weeks on 16.11.2018 before appropriate Bench.

Whenever the matter is listed next the name of Sri Padam Kumar shall also be shown as counsel for the applicant.

Order Date :- 11.10.2018

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