Citation : 2025 Latest Caselaw 11769 ALL
Judgement Date : 27 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:187529
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9241 of 2025
Deepak Singh Patel
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rohit Kumar Singh, Surendra Kumar Sharma
Counsel for Opposite Party(s)
:
G.A.
Court No. - 81
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.
2. Learned counsel for the applicant submits that opposite party no.2 has lodged false F.I.R. with allegation of rape on false assurance of marriage. He further submits that the matter is covered by the judgement of Kunal Chatterjee Vs. State of West Bengal and others passed in Criminal Appeal No.___of 2025 [Special Leave Petition (CRL.) No.7004 of 2025] and Sonu alias Subhash Kumar v. State of Uttar Pradesh and another AIR 2021 Supreme Court 1405. Hence, he seeks interference of this Court to quash the charge sheet and the entire proceedings.
3. Learned A.G.A. accepts notice for the State.
4. Issue notice to opposite party no.2 returnable at an early date.
5. List this case on 01.12.2025.
6. In the meantime, the parties may exchange affidavit.
7. Considering the allegation of rape on false assurance of marriage between the two adults and the observation made in judgments of Apex Court in the cases of Kunal Chatterjee Vs. State of West Bengal and others passed in Criminal Appeal No.___of 2025 [Special Leave Petition (CRL.) No.7004 of 2025] and Sonu alias Subhash Kumar v. State of Uttar Pradesh and another AIR 2021 Supreme Court 1405, the further proceedings of Criminal Case No.1310 of 2024 (State Vs. Deepak Singh Patel), arising out of Case Crime No. 0044 of 2024, under Sections 376(2)(n) and 506 of I.P.C., Police Station Phaphamau District Ganga Nagar (Commissionerate Prayagraj, pending before the court of Additional Chief Judicial Magistrate, Court No.6, Allahabad, shall remain stayed, qua the applicant till the next date fixed.
(Avnish Saxena,J.)
October 27, 2025
MN/-
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