Court No. - 49
Case :- APPLICATION U/S 482 No. - 7450 of 2021 Applicant :- Upendra Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- K.K.Rao,Mukul Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 20.03.2020 submitted by the investigating officer Police Station Vishunpura, District Kushinagar, in Case Crime No. 0008 of 2020, under Section 376, 506 IPC and Section 3 and 4 of POCSO Act, P.S. Vishunpura, District Kushinagar, pending in the court of Additional Sessions Judge/Special Judge POCSO Act, Court No. 1, Kushinagar.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated. Earlier the applicant and the informant had lodged case against each other, so implication of the applicant is on account of enmity, hence, this petition.
Per contra, learned AGA opposed the above submission and contended that factual controversy has been raised by the applicant in this petition which can be decided by trial court only.
In M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others 2020 SCC Online SC 85, the Hon'ble Apex Court has held as under:-
iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the rarest of rare cases (not to be confused with the formation in the context of death penalty).
v) While examining an FIR/ complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule.
Following other authorities can be cited on the aforesaid point:
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.
Perusal of record reveals that the victim in her statement under sections 161 and 164 Cr.P.C. has supported the prosecution version and has specifically stated that the applicant committed rape upon her. This Court in the proceeding under Section 482 Cr.P.C. cannot give finding as to the reliability or truthfulness of the statement of the victim under Sections 161 and 164 Cr.P.C.
In view of the above, this petition lacks merit and is liable to be dismissed.
Accordingly, this petition is dismissed in limine.
Order Date :- 7.10.2021 v.k.updh.