Court No. - 55
Case :- APPLICATION U/S 482 No. - 45955 of 2018 Applicant :- Shrawan And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 1432 of 2014 (Kumari Parul Vs. Shrawan and others), under Sections 365, 384/511, 506 I.P.C., Police Station Baraut, District Baghpat, pending in the court of learned Chief Judicial Magistrate, Baghpat including the summoning order dated 21.5.2015 passed by the learned Chief Judicial Magistrate, Baghpat as well as non-bailable warrants dated 3.5.2016 issued against the applicants in the aforesaid case.
As per complaint dated 12.3.2014 filed by opposite party no. 2, it is alleged that the accused Shrawan and Babli, who are said to be maternal uncles of opposite party no. 2, came at her house and stated to her grandfather and grandmother that her maternal uncle is ill and she may be sent there for one or two days. The opposite party went to the house of her maternal uncle where Shrawan, Babli, Yogendra, Sanjiv, Rajeev, Raiyat Balmik and Ankur, all resident of village Makhar, Police Station Binauli, District Baghpat have said to her that she would be married with Shrawan, which was refused by opposite party no. 2. She was taken away to Meerut at the house of Rajeev where an attempt was made to commit rape with her but anyhow she managed to escape from them. She was threatened that in case any complaint would be made against them, she will face dire consequences. Thereafter the opposite party no. 2 came back to her house. It is further alleged that the aforesaid accused persons are giving threat to her that she would be married with Shrawan forcefully.
It is submitted by learned counsel for the applicants is that the applicants have been falsely implicated in the present case. The opposite party no. 2 filed an application under Section 156(3) Cr.P.C. which was treated as complaint case in which summoning order dated 21.5.2015. It is further submitted that the present complaint has been filed with malafide intention of the opposite party no. 2. It is next submitted that the summoning order has been passed without application of mind and the same is liable to be quashed.
I have perused the records and summoning order dated 21.5.2015. There is no illegality or perversity in the same. The application lacks merit and is accordingly dismissed.
However, considering the circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in accordance with law.
For a period of 30 days from today, no coercive measure shall be taken against the applicant in the aforesaid case.
Order Date :- 20.12.2018 Rmk.