Allowed

Abdul Raees Alias Danish v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC6 Mar 2024A482/1951/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of a charge-sheet for rape, filed on grounds of compromise between applicant and complainant. Court found the complainant was a consenting major with no evidence of force and quashed the charge-sheet.

What did the court decide?

Charge-sheet No.1 of 2023 dated 16.12.2023 (Case Crime No.126 of 2023, S.376 IPC, P.S. Kaisarbagh, Lucknow) quashed.

Abdul Raees Alias Danish vs State of U.P. Thru. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22061

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1951 of 2024

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Applicant :- Abdul Raees Alias Danish Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.,Lalji Prasad Shukla

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Dinesh Kumar, the learned counsel appearing for the applicant and Sri Rishikesh Verma, the learned Additional Government Advocate and Sri Lalji Prasad Shukla, the learned counsel for the complainant and perused the record.

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2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the charge-sheet No.1 of 2023 dated 16.12.2023 related to Case Crime No.126 of 2023 under Section 376 IPC, Police Station Kaisarbagh, Lucknow on the ground that the parties have entered into compromise.

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3. Opposite party No.2 has lodged FIR No.126 of 2023 on 25.10.2023 alleging that her marriage was settled with the applicant about 4 years ago and he used to talk to her. On 25.10.2023, the applicant called the opposite party No.2 in a hotel and made physical relations with her. Although the victim has supported the FIR allegations by her statements, medico legal examination report returned no findings as would support allegation of making physical relations by use of force. 4. A supplementary affidavit has been filed today annexing therewith a compromise entered into between the parties wherein it is stated that the litigation was initiated due to some misunderstanding and the parties have resolved their dispute amicably and opposite party No.2 is desirous of closure of criminal proceedings initiated by her.

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5. The learned counsel for the opposite party No.2 has also supported the prayer for quashing of the proceedings on the ground of compromise.

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6. Having considered the aforesaid facts and circumstances of the case, even as per the opposite party No.2, she was in relationship with the applicant for past four years; there is no sign of use of force in her medico legal examination report and that the opposite party No.2 is a major and she has amicably entered into settlement agreeing to withdraw criminal prosecution initiated by her and there is nothing which may give rise a suspicion the compromise entered into between the parties, I am of the view that the impugned proceedings deserve to be quashed.

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7. The application is allowed . Charge-sheet No.1 of 2023 dated 16.12.2023 related to Case Crime No.126 of 2023 under Section 376 IPC, Police Station Kaisarbagh, Lucknow is hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 13.3.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Abdul Raees Alias Danish v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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Abdul Raees Alias Danish v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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