Dismissed

Mahendra Verma and 2 Others v. State of U.P.and Another

Allahabad HC20 May 2022A482/5687/2022

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application seeking quashing of chargesheet and non-bailable warrant arising from FIRs alleging rape and forcible marriage under IPC and POCSO, the Court dismissed the petition as prima facie a case was made out and the applicants failed to cooperate with the trial proceedings.

What did the court decide?

The application under Section 482 Cr.P.C. to quash the chargesheet and non-bailable warrant was dismissed.

Mahendra Verma and 2 Others Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 5687 of 2022

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Applicant :- Mahendra Verma And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Neeraj Kumar Srivastava,Sanjay Singh,Suresh Chandra Yadav Counsel for Opposite Party :- G.A.,Yogesh Kumar Mishra

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Hon'ble Sameer Jain,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State-respondent and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing chargesheet no.01 of 2021 dated 11.11.20221 and non bailable warrant dated 04.01.2022 issued in Case Crime No.0586 of 2021, under Section 363, 366, 376, 506 and 386 I.P.C. and Section 3/4 POCSO Act, P.S. Modi Nagar, District Ghaziabad.

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Learned counsel for the applicants submitted that applicants have been falsely implicated in the present case. He further submitted that admittedly even in the F.I.R. it is mentioned that opposite party no.2 is the wife of the applicant no.3. In her statement recorded under Sections 161 and 164 Cr.P.C. she also admitted this fact, therefore, question of commission of rape by the applicant no.3 does not arise. He further submitted that without proper investigation in a routine manner charge-sheet has been filed against the applicants.

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Per-contra learned A.G.A. and learned counsel for opposite party no.2 submitted that opposite party no.2 is a minor girl below 18 years of age and forcibly her marriage was performed with the applicant no.3. Thus marriage was invalid, therefore, question of relationship between opposite party no.2 and applicant no.3 as husband and wife does not arise. He further argued that in the present case chargesheet was filed on

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11.11.2021 and till date the applicant failed to appear before the court, therefore, N.B.W. and process of 82 and 83 Cr.P.C. were issued against him , therefore, no interference in this case is required at this stage.

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I have heard both the parties and perused the record of the case. Perusal of the record shows that there is specific allegation against the applicants and marriage of opposite party no.2 with applicant no.3 has been performed forcefully. Further as per record, applicant no.3 committed rape with opposite party no.2 and chargesheet has been filed in the month of November, 2021 but the applicants failed to appear before the court. Thereafter N.B.W. and process of 82 and 83 Cr.P.C. were issued against the applicants. As prima facie, case is made out against the applicants and they do not cooperate with the trial. Therefore, the present application under Section 482 Cr.P.C. deserves to be dismissed.

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The instant application is accordingly dismissed.

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Order Date :- 20.5.2022

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Asha

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Digitally signed by ASHA Date: 2022.05.27 10:12:18 IST Reason: Location: High Court of Judicature at Allahabad

Mahendra Verma and 2 Others v. State of U.P.and Another

Case brief

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Mahendra Verma and 2 Others v. State of U.P.and Another

Case brief

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