Court No. - 80
Case :- APPLICATION U/S 482 No. - 9788 of 2021 Applicant :- Vikki @ Raj Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma,Ritesh Kumar Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant and learned A.G.A.
The applicant has filed this application under section 482 Cr.P.C. with the prayer to quash the entire proceedings of Session Trial No. 1395 of 2019 as well as charge sheet NO.
257 of 2019 dt. 1.6.2019 and cognizance order dated 18.10.2019 under section 363, 366 & 376 I.P.C. and 3/4 of POCSO Act, State of U.P. Vs. Raj Gupta, arising out of case crime No. 727 of 2019, P.S. Chakeri, District Kanpur Nagar pending in the court of A.D.J.. 22 Kanpur Nagar.
As per allegations made in the F.I.R. it is alleged that on 7.6.2018, the applicant had kidnapped the daughter of the first informant who is aged about 17 years. During course of investigation, the victim was recovered and her statement was recorded under sections 161 and 164 Cr.P.C. in which she has stated that she has married applicant on her own free will and consent.
Learned counsel for applicant has submitted that as per the medical opinion, the victim is aged about 19 years.
Learned counsel for the applicant has next submitted that in view of the statement of the victim and looking to her age, the entire proceedings of the aforementioned session trial be quashed.
Per contra, learned A.G.A. has submitted that as per School Leaving Certificate/Transfer certificate, the date of birth of the victim is 8.7.2001 and on the date of incident she was minor and therefore in view of the decision of Hon'ble Apex Court passed in the case of Independent Thought Vs. Union of India, reported in (2017)10 SCC 800 the victim being minor on the date of incident as such offence under section 363, 366 &376 I.P.C and 3/4 of POCSO Act is made out against the applicant and the entire proceeding can not be quashed.
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 Cr.PC. 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 entire proceedings is therefore refused.
The application filed under section 482 Cr.P.C. lacks merit and is accordingly dismissed.
Order Date :- 12.8.2021 R Digitally signed by RAJIV GUPTA Date: 2021.08.12 17:37:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad