Court No. - 65
Case :- APPLICATION U/S 482 No. - 32956 of 2019
Applicant :- Sailendra
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Anil Kumar,Ram Raj Prajapati
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Raj Prajapati, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of Case No. 1156 of 2019 arising out of Charge-Sheet No. 87 of 2019 dated 22.05.2019 arising out of Case Crime No. 48 of 2019 under Sections 376, 452 and 506 I.P.C., P.S. Bewar, District Hamirpur.
Learned counsel for the applicant argued that the victim has made an application before Rashtriya Mahila Aayaog whereon a direction was given by the Commission to the S.P., Hamirpur to conduct an enquiry in which enquiry was conducted by C.O. who had submitted report on 19.02.2019 to the effect that no such occurrence has taken place. It was argued that after the said complaint being found false, the informant has lodged false F.I.R. against the accused applicant which has not been properly investigated and charge-sheet has been submitted in the routine manner which is nothing but an abuse of process of Court which needs to be quashed.
Learned A.G.A. has opposed the prayer of quashing and has drawn attention of this Court towards the statement of victim given under Section 164 Cr.P.C. in which she has supported the version of prosecution that rape was committed upon her by the applicant and quashing of the charge-sheet should be refused.
I have gone through the F.I.R. in which the father of the victim has recorded that he was doing farming in the field of the father of the accused on batai and accused had frequent accesses to the house of O.P. No.2. The accused applicant used to tease victim and on 24.11.2018 when the victim was alone in her house, the accused had entered the house and tried to molest her and, thereafter he fled from there when people from the vicinity had reached there. Subsequently he started making phone calls to her and used to talk in lewd manner, thereafter, when again complaint was made by the father of the victim then father of the accused had given false assurance that he would marry his son to the daughter of O.P. No. 2 / victim. In statement of the victim recorded under Section 164 Cr.P.C., the victim had stated that the accused applicant and brother-in-law of his elder brother, Lallu reached her house at about 1:00 P.M. when none was at home and when she opened the gate of her house and went inside to bring water, Lallu closed the door from inside while accused applicant was inside the house thereafter the accused applicant started molesting her and when she cried loudly, her mouth was smothered and rape was committed upon her and he simultaneously made a video clip of it also. When family members of the victim made a complaint about this to the family members of accused, assurance was given that they would get the accused married to the victim, thereafter their marriage was fixed for February 2019 and between the time from December, 2018 and February, 2019, he continued to exploit physically keeping her under false impression that he would marry her and ultimately in Febrary, 2019, he refused to marry. On the basis of said statement and also after having recorded 13 witnesses, the charge-sheet has been submitted in this case.
In view of the above allegation made against the accused applicant of having committed rape upon the victim, from the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
However, the applicant may approach the trial court to seek discharge at appropriate stage, if so advised, and before the said forum, he may raise all the pleas which have been taken by him here.
With the aforesaid direction, this Application under Section 482 Cr.P.C. is disposed of.
Order Date :- 30.9.2019/A. Mandhani