Court No. - 52 Case :- APPLICATION U/S 482 No. - 1050 of 2008 Petitioner :- Ashish Shukla & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Prabodh Gaur Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
The present application under Section 482 Cr.P.C. has been filed
for quashing of the proceeding of Criminal Case State Vs Ashish
Shukla and others pending in the Court of Metropolitan
Magistrate, IV, Kanpur Nagar on the basis of charge-sheet
submitted by the police of P.S. Juhi, Kanpur Nagar for offence
under Section 363, 366, 342, 506, 120 B I.P.C.
Notice was issued on 23.1.2008, in spite of service of notice, no
one is present on behalf of O.P.No.2, nor any counter affidavit has
been filed.
Heard learned counsel for the applicants, learned A.G.A. and
perused the record.
Learned counsel for the applicant contended that the applicants
were falsely implicated in the present case. The applicant No.1 is
son of applicant No. 2 and 3 and applicant No.2 is husband of
applicant No.3. O.P.No.2 who was major, on her own sweet will
solemnized marriage on 02.3.2007 with applicant No.1 in Arya
Samaj Mandir Kanpur. Marriage was duly registered in Office of
Registrar of Hindu Marriages. Since applicants and O.P.No.2
belong to different castes, hence father of the O.P.No.2 who is
Manager in State Bank of India did not agree with marriage and
filed a complaint with false allegation and got applicant No.2
arrested on 05.3.2007, who was detained without any F.I.R. The
complaint was made to higher authorities. A writ petition was also
filed by applicant No. 1 and 2 which was disposed of by Division
Bench on 19.3.2007. Thereafter, on 10.5.2007 father of the
O.P.No.2 along with some other persons came at the residence of
the applicant and assaulted them and taken away O.P. No.2
forcibly with him, regarding which complaint was made. The
Habeas Corpus Writ was also preferred. However, under influence
of parents and other family members, she gave evidence that she
was not illegally detained by her parents and marriage was denied.
Thereafter an application was also given under Section 156(3)
Cr.P.C. On direction of the Magistrate concerned, the First
Information Report was registered as Case Crime No. 160 of 2007
and after investigation even charge-sheet has been submitted under
Section 363, 366, 342, 506 and 120B I.P.C. and Section 3(1) of the
S.C. and S.T.Act. The applicants are innocent and entire
proceeding is liable to be quashed. Earlier F.I.R. was lodged under
Sections 363, 376, 395, 397, 323 and 372 I.P.C. also. However,
after investigation those Sections were deleted and charge-sheet
was filed under Section 363, 366, 342, 506 and 120B I.P.C. and
Section 3(1) of the S.C. and S.T.Act because prosecutrix herself
has not supported the allegation of rape and looting incident.
Learned A.G.A. submitted that in view of the statement of
prosecutrix and other witnesses since prima facie offence is
disclosed, hence no interference is required under Section 482
Cr.P.C. Even prosecutrix appeared before the High Court and she
has clearly denied the marriage with applicant No.1 and stated that
she was not detained by her parents.
Considering the arguments of the parties, at this stage, version of
the applicant may or may not be correct, which has to be
considered by Court below on the basis of evidence. In view of the
facts and circumstances if objection/ discharge application is filed
by the applicants before the Court concerned within 30 days from
today, Court below is expected to consider the same at appropriate
stage, in accordance with law.
Accordingly, present application under Section 482 Cr.P.C. is
disposed off. The interim order dated 23.1.2008 is hereby
discharged.
Order Date :- 22.7.2010
S.A.A.Rizvi