Court No. - 32
Case :- APPLICATION U/S 482 No. - 17557 of 2018 Applicant :- Chhotu @ Dinesh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Counter affidavit filed on behalf of opposite party no. 2 by Sri S.N. Singh is taken on record.
This application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet dated 15.6.2017 in Case No. 252 of 2017 (State vs. Chhotu @ Dinesh) P.S. Iglas, District Aligarh and cognizance order dated 29.11.2017 passed by Additional Sessions Judge, Court No. 8.
It is alleged in the first information report that the modesty of the victim (12 years) was outraged by the applicant who was 48 years.
Learned counsel for the opposite party has filed an affidavit stating that the parties has compromised the case outside the Court.
It is not being disputed that the victim is a minor girl and the offence upon investigation, prima facie, is made out and such cases cannot be compromised as it is a crime against the society and gross misuse of the process of the Court.
The petition being devoid of merit is, accordingly, dismissed.
However, it will be open to the applicant to file an appropriate application for bail before the court below within four weeks from date in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) and Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151.
In the event, such an application is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh (supra), strictly in accordance with law.
It is clarified that the Court has not considered the contention of the learned counsel for the applicant on merit.
Order Date :- 28.5.2018 S.Prakash