Court No. - 15
Case :- APPLICATION U/S 482 No. - 18859 of 2018 Applicant :- Amit And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Amar Singh Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Amar Singh Kashyap, learned counsel for the applicants and learned A.G.A. for the State.
Applicants have filed this application under section 482 Cr.PC with prayer seeking quashing of proceedings of S.T. No. 10 of 2018 (State vs. Amit and another) arising out of case crime no. 721 of 2017, under section 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Kotwali Kannauj, District Kannauj, pending in the court of Special Judge, (POCSO Act), Kannauj.
Learned counsel for the applicants has submitted that applicant no. 1 is being prosecuted on false and frivolous allegations. He has committed no offence under section 363, 366, 376 I.P.C. and 3/4 POCSO Act. Opposite party no. 5 was major on the date of alleged offence and had gone with applicant and solemnized marriage with applicant out of her own sweet will. He has further submitted that opposite party no. 5 has given wrong statements under section 164 Cr.P.C. under pressure of police and family members.
In reply, the learned AGA has submitted that opposite party no. 5, who is a minor girl has supported the prosecution. He has further submitted that chargesheet discloses cognizable offence against applicant no. 1.
Having heard the respective submissions of learned counsel of both sides and considering the facts and circumstances of the case, I find that charge- sheet discloses cognizable offence against applicant no. 1. Therefore, proceedings initiated against him are not liable to be quashed saying to be abuse of the process of the court.
In the result, application is dismissed.
Order Date :- 31.5.2018 Bhanu