The High Court quashed the charge sheet in a case involving enticement and abduction, holding that proceeding despite the prosecutrix's clear denial of impropriety would amount to an abuse of the court's process under Varadarajan.
Charge Sheet No. 52 of 2011 dated 27.02.2011 under Sections 363, 366 IPC is quashed.
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Court No. - 10
Case :- APPLICATION U/S 482 No. - 2017 of 2013
Applicant :- Umesh Chandra @ Pullu Tiwari And Anr. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Naveen Kumar Pandey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Dinesh Kumar Singh,J.
The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the Charge Sheet No. 52 of 2011, dated 27.02.2011, under Sections 363, 366 I.P.C., arising out of Case Crime No. 18 of 2011, registered at Police Station-Colonelganj, District-Gonda.
The FIR in question came to be registered on the written complaint of the father of the prosecutrix alleging that on 17th January, 2011 between 1:00 a.m. to 2:00 a.m., the petitioner enticed away the prosecutrix. The prosecutrix was already married at Village Sarvangpur. The prosecutrix was recovered on 17th February, 2011. In her statement under Section 161 Cr.P.C., the prosecutrix said that she was lived with her family and she went on her own with the petitioner on 17th January, 2011. She further states that she was 16 years of age, when she went with the petitioner. She also stated in her statement under Section 164 Cr.P.C. that the petitioner did not commit any wrong with her.
Considering the stand of the prosecutrix in her statements under Sections 161 & 164 Cr.P.C. and also taking into consideration the judgment of the Supreme Court in the case of S. Varadarajan v. State of Madras; 1965 (1) SCR 243, this Court is of the opinion that continuation of proceedings in pursuance to the impugned charge-sheet would be an abuse of the process of the Court. Accordingly, the petition is allowed and the impugned Charge Sheet No. 52 of 2011, dated 27.02.2011, under Section 363, 366 I.P.C., arising out of Case Crime No. 18 of 2011, registered at Police Station-Colonelganj, DistrictGonda, is hereby quashed .
Order Date :- 26.7.2022 Shafique
Digitally signed by SAFIKUR RAHAMAN Date: 2022.07.27 16:32:23 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the continuation of criminal proceedings should be quashed as an abuse of the process of the Court.
Whether the prosecutrix's statements under Sections 161 and 164 Cr.P.C. indicate consensual association rather than enticement.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Umesh Chandra @ Pullu Tiwari
The State Of U.P
Dinesh Kumar Singh
Shafique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
