Siddharth Pathak vs State Of U.P. And Another
2023 Latest Caselaw 25841 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:183339
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 22557 of 2023
 

 
Applicant :- Siddharth Pathak
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Santosh Kumar Mishra,Kumar Ankit Srivastava
 
Counsel for Opposite Party :- G.A.,Indra Deo Mishra
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for opposite party No. 2.

2. The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 25.04.2023 and cognizance/summoning order dated 06.06.2023 passed by Learned Civil Judge Junior Division, FTC-I/ Judicial Magistrate, Varanasi as well as entire proceeding of Criminal Case No. 84512 of 2023 (State Vs. Siddharth and others), arising out of Case Crime No. 0053 of 2023, under Sections 328, 376, 504, 506 of I.P.C., P.S.- Sarnath, District- Varuna (Commissionerate Varanasi), pending before learned Civil Judge Junior Division, FTC-I/Judicial Magistrate, Varanasi.

3. Learned counsel for the applicant submitted that earlier applicant and opposite party No. 2 were working in the same office and were having good relationship. Opposite party No. 2 has pressurized for marriage with applicant and when he refused to do so, present proceeding has been initiated against him. He next submitted that applicant and the victim are consented parties and even if the prosecution version is treated to be true, it would not constitute the offence under Section 376 I.P.C.

4. In support of his contention, learned counsel for the applicant has relied upon judgments of Apex Court in the matters of Pramod Suryabhan Pawar Vs. The State of Maharashtra & Anr., 2019 0 Supreme(SC) 901, Sonu@Subhash Kumar Vs. State of Uttar Pradesh & Anr.: 2021 0 Supreme(SC) 182 and Shambhu Kharwar Vs. State of Uttar Pradesh and Anr: AIR 2022 Supreme Court 3901, In all the matters, hon'ble Apex Court has opined that in such matters, no case is made out under Section 376 of I.P.C.

5. Matter requires consideration.

6. Learned AGA as well as learned counsel for opposite party no. 2 may file their counter affidavits within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

7. List this case on 02.11.2023.

8. Till the next date of listing, further proceedings of the aforesaid case against the applicant shall remain stayed.

Order Date :- 21.9.2023

Nitika Sri.