High Court
Case Details
Neutral Citation No. - 2023:AHC:112038 Court No. - 70 Case :- APPLICATION U/S 482 No. - 36732 of 2022 Applicant :- Chandrabhan Singh Parihar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avijit Saxena Counsel for Opposite Party :- G.A.,Shatrughan Yadav Hon'ble Shekhar Kumar Yadav,J.
Legal Reasoning
1) Heard Mr Avijit Saxena, learned counsel for the applicant, Mr Shatrughan Yadav, learned counsel for the private respondent, learned AGA for the State and perused the record. 2) This application has been filed by the applicant for quashing the entire proceedings of Criminal Case No. 108744 of 2022 (State Vs Chandrabhan) arising out of Case Crime No. 298 of 2021, under Sections 376, 420 IPC, P.S. Panki, District Kanpur Nagar including the charge sheet and the cognizance order dated 1.08.2022. 3) Record discloses that an FIR has been lodged by opposite party no. 2 on 17.08.2021 against the applicant and his parents alleging therein that date of birth of the informant/victim is 18/3/1996. It is alleged that the victim came in contact of applicant through Facebook of aunt's son of informant/victim and thereafter conversation took place between them on mobile numbers and applicant is said to have assured her to marry her and on that pretext started coming to the house of the victim and also started sending money to the victim through bank account and also started purchasing things related to her through online. It is alleged that on 17.4.2021, the applicant took the victim out of the house on the pretext of taking her for a ride with him and took her to Hotel Royal Crystal Naya Shivli Road, Kalyanpur, Kanpur, and booked a room there and made a physical relationship with her by saying that she is his wife and he would marry her. Now, the applicant is refusing to marry. The parents of the applicant is also demanding dowry. It is also alleged that the applicant is working in 3rd Training Battalion (C.F.N. Chandrabhan Singh 1704562-A) at Hyderabad. It is alleged that the applicant on the pretext of marriage established physical relationship with her and now refused to marry and also extending threats to her. 4) The Investigating officer after conducting investigation is said to have exonerated the parents of the applicant but filed charge sheet against the applicant under Sections 376, 420 IPC vide charge sheet dated 26.03.2022 whereupon learned Magistrate took cognizance and summoned the applicant. 5) It is contended by learned counsel for the applicant that since the opposite party no. 2/victim has falsely implicated the applicant and his family members in the present case, therefore she herself has moved an application before the Court below disclosing that she has lodged the said case due to allurement of some persons and now she does not want any action against the applicant and prayed for quashing of the said case. It is further contended that from perusal of the entire evidence collected by the prosecution, no offence under Section 376, 420 IPC is made out against the applicant. 6) It is further submitted that an affidavit was filed by the victim herself before the learned court below wherein the informant/victim did not support the allegations made in the FIR and further stated that she has lodged the said case due to allurement of some persons and now she does not want any action against the applicant and prayed for quashing of the said case. A copy of said affidavit is at Annexure-6 to the application. In view of the said fact, it is prayed that the criminal proceeding which is pending against the applicant should be quashed. 7) On the other hand, learned AGA for the State submitted that the applicant has been charge sheeted for an offence of rape and notwithstanding the affidavit filed by the informant, the proceeding cannot be quashed considering the fact that it is a crime against the society. It is further contended that the offence under Section 376 IPC is non-compoundable and grievous in nature and therefore, inherent jurisdiction under Section 482 Cr.P.C. ought not to be exercised. 8) Admittedly, record discloses that the informant sworn an affidavit (Annexure-6) and filed it before the learned court below and the same is perused by the Court. In fact, it is made the informant/victim did not support the allegations made in the from Annexure-6 to understand that FIR and further stated that she has lodged the said case due to allurement of some persons and she does not want to prosecute the applicant. 9) From Annexure- 6, it is also made to understand that the informant is no more inclined to pursue the case and there is nothing on record to show that the applicant in any way exerted pressure or influence on the informant to file such an affidavit. Moreover, learned counsel for the opposite party no. 2/victim has submitted that the parties in dispute are not interested to pursue the criminal case. In this regard, a short counter affidavit on behalf of opposite party no. 2 has also been filed by the victim wherein in paragraph no. 7 it is stated that due to anger and provocation of some persons, the victim/informant has lodged the FIR on the provocation of the some persons and now she does not want to proceed with the case against the applicant 10) Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of Case No. 108744 of 2022 (State Vs Chandrabhan) arising out of Case Crime No. 298 of 2021, under Sections 376, 420 IPC, P.S. Panki, District Kanpur Nagar are hereby quashed. 11) Accordingly, the instant petition is allowed. Order Date :- 22.5.2023 RavindraKSingh Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad