Dismissed

Santosh Mishra v. State of U.P. and Another

Allahabad HC13 Sept 2022A482/17230/2022

Case brief

AI extract

What is this about?

In this quashing application under Section 482 Cr.P.C., the court dismissed the plea to quash proceedings against the applicant. Relying on the victim's statement under Section 164 Cr.P.C, the court held that the alleged rape offence was clearly made out, finding no illegality in the charge-sheet despite the applicant's claims of false allegations.

What did the court decide?

The instant application under Section 482 Cr.P.C. to quash the proceeding and charge-sheet was dismissed.

Santosh Mishra Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 17230 of 2022

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Applicant :- Santosh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Sharma,S.P. Vishwakarma

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Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri S.P. Vishwakarma, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned A.G.A for the State.

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The instant application has been moved on behalf of the applicant to quash the proceeding of Criminal Case No. 2289 of 2019 under Sections 368 and 376 I.P.C. pending in the court of C.J.M, Siddharth Nagar as well as cognizance and summoning order dated 25.04.2019 and charge-sheet dated 26.05.2018.

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Learned counsel for the applicant submitted that the applicant has been made accused in the present matter on the basis of false allegation made by opposite party no. 2 and infact daughter of opposite party no. 2 is a major girl who according to her own free will went along-with the applicant and they resided as husband and wife after solemnizing court marriage and this fact is evident from the statement of the victimdaughter of opposite party no. 2 recorded under Section 161 Cr.P.C. He next submitted that although the victim in her statement recorded under Section 164 Cr.P.C stated that applicant committed rape with her against her wishes but her statement under Section 164 Cr.P.C is not acceptable as it was given by the victim under the pressure of opposite party no. 2 as after the statement of victim under Section 161 Cr.P.C she was handed over to opposite party no. 2 but inspite of that chargesheet has been submitted in the present matter against the applicant merely on the basis of statement of victim recorded under Section 164 Cr.P.C.

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Per contra, learned A.G.A submitted that there is specific allegation in the statement of victim recorded under Section 164 Cr.P.C that applicant had committed rape with her, therefore, it cannot be said, there is illegality in the impugned charge-sheet submitted against the applicant and merely on the basis of statement of victim recorded under Section 161 Cr.P.C proceedings cannot be quashed.

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I have heard the learned counsel for parties and perused the

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record of the case.

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From the perusal of the record of the case, it reflects that opposite party no. 2, on 20.02.2018 lodged F.I.R of the present case under Section 363, 366 I.P.C. against the applicant and 5 others in respect of the enticement of the her minor daughter aged about 15 years and during course of investigation when victim was recovered then her statement was recorded under Section 161 Cr.P.C in which although she stated that she on her own went along-with the applicant and performed marriage with the applicant according to her own will and after marriage she lived with the applicant as his wife but when her statement was recorded under Section 164 Cr.P.C by the learned Magistrate then she stated that the applicant forcibly kept her tied in a room and committed rape with her, therefore, from the statement of the victim recorded under Section 164 Cr.P.C an offence under Section 376 I.P.C is clearly made out.

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Therefore, in view of the above I find no illegality in the impugned charge-sheet and proceeding pending against the applicant cannot be quashed.

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Accordingly, the instant application is devoid of merits and is hereby dismissed.

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Order Date :- 13.9.2022 PS

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Digitally signed by POOJA SHARMA Date: 2022.09.16 14:45:50 IST Reason: Location: High Court of Judicature at Allahabad

Santosh Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Santosh Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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