Allahabad High Court
Desh Raj Yadav And Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 3 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 4422 of 2023 Applicant :- Desh Raj Yadav And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arun Sinha,Siddhartha Sinha,Umang Agarwal Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Learned counsel appearing for the applicants submits that he may be permitted to correct the prayer clause of the application during the course of the day.
Learned A.G.A. appearing for the State has no objection to the contention aforesaid.
In view of the aforesaid submission, learned counsel for the applicants is permitted to correct the prayer clause of the application during the course of the day.
Heard Sri Arun Sinha, learned counsel for the applicants, Sri Girijesh Dwivedi,learned A.G.A. for the State and perused the material placed on record.
Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the Chargesheet and the proceedings of Case S.T. No. 2225 of 2022(CIS No. 225/2022) State Vs. Desh Raj and Others, vide Crime No. 273/2021, U/s 363,366,368 of I.P.C., Police Station-Misrikh, District-Sitapur pending in the court of Additional District & Sessions Judge, Court Room No. 9, Sitapur.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant matter. He next added that the age of the victim, as per her statement, is 21 years and even assuming that the age of the victim is 17 years, as per the radiological report, the ingredients of Sections 363, 366,368 of I.P.C do not attract in the instant matter. He next added that from the statement of the victim recorded under section 164 of Cr.P.C., it is evident that the victim herself has called the co-accused, Atul and thereafter, she went away with him. It is not the case where the victim has ever been enticed away or taken away by the co-accused namely, Atul from the lawful guardianship of her parents. He submits that the victim is major and she is living with the co-accused, Atul and they are living as husband and wife and therefore, the further criminal proceedings will unsettle the life of the victim as well as co-accused. Since, the first information has been lodged and the police with a view to arrest Atul, has also arrested the family members without there being any substantial material against them. He submits that the further criminal proceedings would amount to harassment of the applicants and thus, the same may be quashed.
On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that since as per the radiological report, the victim is minor and as such, the consent of the victim is of no avail so for as the offence has been committed by the accused persons, he added that after through investigation, it was found that the applicants were involved in committing offence and as such, they are not entitled for any relief.
Prima-facie, there seems to be force in the arguments of learned counsel for the applicants and thus, the matter requires consideration.
Let notice be issued to opposite party no. 2 returnable at an early date.
Steps be taken within a week.
List/put up this matter in the week commencing 03-07-2023.
Till the next date of listing, the proceedings of Case S.T. No. 2225 of 2022(CIS No. 225/2022) State Vs. Desh Raj and Others, vide Crime No. 273/2021, U/s 363,366,368 of I.P.C., Police Station-Misrikh, District-Sitapur pending in the court of Additional District & Sessions Judge, Court Room No,. 9, Sitapur, shall remain stayed, so far as the present applicants are concerned.
Order Date :- 3.5.2023 AKS