Sudhir Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 13

Case :- APPLICATION U/S 482 No. - 7774 of 2024

Applicant :- Sudhir Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Verender Kumar Tiwari,Vinayak Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

The present application has been filed by the applicant seeking following main reliefs:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the arbitrary and illegal impugned Charge Sheet no. 01 dated 10-08-2023, filed by the police in pursuance of the First Information Report dated 12-07- 2023 bearing its case crime no. 297 of 2023 under section 376 I.P.C and 2 / 4 of Dowry prohibition Act police station Chinhat, District Lucknow as well as the summoning order dated 18-09-2023 passed by the learned court below in criminal case no. 108948 of 2023 State of U.P. versus Sudhir Verma contained in Annexure No. 1 and 2 to the petition."

Considering the facts, as indicated, including that the victim/opposite party No. 2 lodged the FIR No. 0297/2023 on 12.07.2023 at about 10:40 hours making allegations therein so as to attract the offences as indicated under Sections 328, 376, 504, 506 IPC and Section 3/4 D.P. Act and as per the FIR, the applicant established physical relations with victim after administering her some toxic substance about 10 years back and also made video clip and took photographs and thereafter established physical relations with victim several times including on 08.05.2023 and also made a promise to marry the victim and demanded Rs. 16 Lakhs for solemnizing marriage with her, this Court is prima facie of the view that the case of the applicant is squarely covered by the judgment(s) of Hon'ble Apex Court rendered in the case of Deepak Gulati vs. State of Haryana (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another (2021) 7 SCC; and Mandar Deepak Pawar vs. State of Maharashtra and Another 2022 SCC OnLine SC 2110 .