Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Charge-Sheet dated 16.08.2019 in Criminal Case No. 44354 of 2019, arising out of Case Crime No. 334 of 2019, under Sections 376, 504, 506 IPC, Police Station Kalyanpur, District Kanpur Nagar, pending in the court of A.C.M.M., Court No.2, Kanpur Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
As per the allegations made in the FIR and statement of the victim recorded under Section 164 CrPC, it is alleged that on the pretext of marrying the victim, applicant has made physical relations with her, however subsequently, he did not marry her.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, impugned charge-sheet cannot be quashed.
It is further submitted that from the perusal of the allegations made in the FIR and the statement of the victim recorded under Section 164 CrPC, it is evident that consent of victim has been obtained under misconception of fact to marry her, however, from the very inception, applicant had no intentions to marry her.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the charge-sheet is therefore refused.
However, it is directed that if the applicant appears/ surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 11.1.2021 NA