State of U.P v. Anand Prakash
Legal Reasoning
HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 476) Court No. - 78 Case :- APPLICATION U/S 482 No. - 2982 of 2025 Applicant :- Anand Prakash @ Awadhesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Yadav,Babu Ram Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
Legal Reasoning
1. Heard Sri Arun Yadav, learned counsel for the applicants and Sri Satyendra Nath Tiwari, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 17.9.2024, summoning order dated 22.10.2024 as well as the entire proceedings of Sessions Trial No. 07 of 2025 (State of U.P. vs. Anand Prakash @ Awadhesh and Another) under Sections 376- D, 452, 504, 506 IPC arising out of Case Crime No. 329 of 2024, Police Station-Ahirauli Bazar, District-Kushi Nagar. 3. Learned counsel for the applicants submits that the applicant no. 2 has assisted the mother of opposite party no. 2 in selling her property and there was various disputes with regard to financial transaction in relation to that between the parties. Previously, the mother of opposite party no. 2 has lodged a complaint with the police on which a compromise dated 15.12.2023 was executed between the parties in which the opposite party no. 2 was also a witness, according to which the parties have agreed to make the payment after execution of the sale deed by the mother of opposite part no. 2. Subsequent to the registration of instant FIR also, a compromise was arrived at between the parties on 29.8.2024 wherein it was alleged that on 29.8.2024 the entire money has been received and there is no dispute with regard to finances between them. 4. Learned counsel for the applicants further submits that in the instant FIR lodged by the opposite party no. 2, though there are allegations with regard to molestation etc., however there is no allegation with regard to any offence of rape. It is for the first time in the statement under Section 164 Cr.P.C., which was recorded on 28.8.2024 she has made the allegations of rape by the applicant no. 2 and subsequently the rape committed by applicant no. 1 also on the basis of videos and photographs obtained by the applicant no. 1. The aforesaid allegations of rape are duly supported by the mother of opposite party no.2. When the medical examination of opposite party no. 2 was got conducted she refused to undergo internal medication examination; however, she agreed to undergo external medical examination. Therefore, learned counsel for the applicants submits that in the instant case there was a dispute with regard to financial transaction in relation to sale of property by the mother of opposite party no. 2 to the applicant no. 2 due to which the instant FIR has been lodged by the opposite party no. 2 to extract money from the applicants. Therefore, he seeks quashing of the entire proceedings of the instant case against the applicants. 5. Per contra, learned A.G.A. for the State submits that the opposite party no. 2 was residing along with her mother and a daughter aged about ten years in a village. Husband of opposite party no. 2 is residing outside and taking benefit of the situation the applicant no. 2 came there and told them he is a distant relative of the family and increased the intimacy with the family of opposite party no. 2, particularly with the opposite party no. 2. Subsequent thereto, he got involved in physical relationship with the opposite party no. 2. Initially, the opposite party no. 2 could not resist but subsequently, when the applicant no. 2 has taken the photographs, he repeatedly continued the physical relationship on the pretext that if the opposite party no. 2 did not agree to the same the photos and videos shall be made viral on the social media platforms. Under these threat perception the opposite party no. 2 did not raise any complaints. Subsequent thereto, when the torture, harassment and continued incident of rape increased, she lodged the instant FIR; however even in the FIR she could not had the courage to make out the allegations of rape and it is only when she appeared before the Magistrate and when she was assured that the appropriate action will be taken against the culprits, she disclosed her plight at the hands of the applicants. In her 164 Cr.P.C. statement the allegations made are duly supported by the mother of opposite party no. 2 as well. In view thereof, for the purpose of summoning of accused, a prima facie case has to be seen, which is available on the basis of statement of opposite party no. 2 as well as her mother. The correctness of statements and the material available on record cannot be examined while exercising the jurisdiction under Section 482 Cr.P.C., therefore, no interference is called for in the instant case. 6. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 7. Though apparently in the FIR itself, there is no allegation except for molestation on the part of applicants; however, looking at the background of the opposite party no. 2 as she was living with her mother along with a child of ten years old, there was no male member in the family and looking at the social stigma, etc., she could not show her courage to disclose the incident in one go before the police authorities. Subsequently, when she appeared before the Magistrate, she was assured that if she discloses the true facts the action will be taken against the applicants and thereupon, she has disclosed in detail the allegations of rape and how it was made by making the videos and photographs of opposite party no. 2 by the applicants. The aforesaid allegations are duly supported by the statement of mother of opposite party no. 2. The medical examination of the opposite party no. 2 was got conducted in the month of September, 2024 where she had denied to undergo the internal examination as that will not serve any purpose as the opposite party no. 2 was a married lady and the incident of rape has taken place in the month of June, 2024 and prior thereto. 8. In view thereof, from the material available on record, a prima facie case is made out against the applicants. So far as the submission of the applicants that there was a property dispute due to which the instant FIR has been lodged and repeated complaints were lodged, these are the material which are available for the applicants as defence during the trial of the case and that cannot be looked into while exercising jurisdiction under Section 482 Cr.P.C. 9. Accordingly, this Court do not find any good reason to interfere with the proceedings initiated against the applicants. The instant application lacks merit and is dismissed. Order Date :- 8.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad