Allowed

Rajesh Kumar v. State of U.P. and Anr.

Allahabad HC13 Jan 2020A482/31186/2019

Case brief

AI extract

What is this about?

The Hon'ble Single Judge allowed an application under Section 482 Cr.P.C. to quash the charge-sheet and ancillary proceedings against the applicant. The order was based on the finding that the matter was settled and proceedings against co-accused with similar allegations were already quashed.

What did the court decide?

The charge-sheet dated 30.3.2014 and further proceedings in S.T. No.646 of 2014 were quashed.

Rajesh Kumar Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2020)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 31186 of 2019

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Applicant :- Rajesh Kumar Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pravesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Case is called out in the revised list.

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As per the office report dated 27.9.2019, notice has been served personally upon opposite party no.2, yet no one is present on behalf of opposite party no.2.

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Heard Sri Pravesh Kumar Yadav, learned counsel for the applicant as well as learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the impugned Charge-sheet dated 30.3.2014, arising out of Case Crime No.638 of 2013, under Section 376-D I.P.C., P.S. Civil Line, District Moradabad as well as the further proceedings of S.T. No.646 of 2014 (State vs. Ramesh and others), pending in the court of Additional Session Judge (F.T.C.), Court No.1, Moradabad.

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I may record that opposite party no.2 was afforded an opportunity to file counter affidavit vide order dated 20.11.2019, however, till date no counter affidavit has been filed.

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Learned counsel for the applicant has argued that the opposite party no.2 has filed an affidavit that the applicant and other coaccused belong to the same family and no rape was committed by them on her. The certified copy of the affidavit has been annexed as Annexure-6 to the affidavit filed in support of present application. It is argued that on the basis of said affidavit and compromise filed by opposite party no.2, the proceedings in respect of other co-accused were quashed by the Court by a detailed order vide order dated 11.9.2018 passed in Criminal Misc. Application (U/s 482 Cr.P.C.) No.30702 of 2018 copy of which has been annexed as Annexure-7 to the affidavit.

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Be it noted that the matter has settled between the parties and the proceedings in respect of other two accused against whom similar such allegation has been made by the prosecutrix has

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already been quashed in the aforesaid application.

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In such circumstances, no useful purpose would be served in allowing the prosecution to continue. The present application under Section 482 Cr.P.C. is, accordingly, allowed , subject to payment of cost of Rs.10,000/- by the applicant to be deposited before the court concerned which shall be transmitted to the 'District Legal Services Authority' within three weeks. Otherwise, the same shall be recovered as arrears of land revenue from the applicant through concerned authority.

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In view of the fact that proceedings against the co-accused has already been quashed as noted above, the proceedings against the applicant as well are hereby quashed.

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A copy of this order be certified to the lower court forthwith.

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Order Date :- 13.1.2020 Vikas

Rajesh Kumar v. State of U.P. and Anr.

Case brief

What is this about?

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Rajesh Kumar v. State of U.P. and Anr.

Case brief

What is this about?

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