Dismissed

Nafis v. State of U.P. and Another

Allahabad HC7 Jan 2025A482/31541/2024

Case brief

AI extract

What is this about?

This court heard an application under Section 482 Cr.P.C. filed by the applicant to re-implement previous prayer for quashing criminal proceedings. Counsel for the applicant withdrew the application. The court dismissed the application in view of the withdrawal and vacated any interim order. The judgment relied on precedents regarding second applications and quashing of proceedings.

What did the court decide?

Application dismissed as withdrawn; Impugned order dated 2.12.2022 remains operative; Interim order, if any, stands vacated.

Nafis vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:2845

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 31541 of 2024

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Applicant :- Nafis Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajan Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajan Upadhyay, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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At the the very outset, the learned A.G.A. submits that Nafees who is charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire proceedings of Sessions Trial No. 643/2023; State of U.P. Vs. Nafis @ Nafis Khan arising out of Case Crime No. 1036/2021, under Section 376, 506 I.P.C., Police Station Masuri, District Ghaziabad.

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It is further prayed that this Hon'ble Court may also be pleased to stay the further proceedings of Sessions Trial No. 643/2023; State of U.P. Vs. Nafis @ Nafis Khan arising out of Case Crime No. 1036/2021, under Section 376, 506 I.P.C., Police Station Masuri, District Ghaziabad during the pendency of the present case otherwise the applicant would suffer irreparable loss and injury. And/or to pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case."

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On the matter being taken up, the learned A.G.A. submits that applicant earlier approached this Court by means of an Application U/S 482 Cr.P.C. No. 21780 of 2022 (Nafees Alias Nafees Khan Vs. State of U.P. and Another).

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When confronted with above, the learned counsel for applicant submits that hearing of this application be adjoined for a short time so as to obtain order passed in aforesaid application. Thereafter learned counsel for applicant re-appeared before this Court and placed the aforesaid order dated 2.12.2022 passed in Application U/S 482 Cr.P.C. No. 21780 of 2022 (Nafees Alias Nafees Khan Vs.

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State of U.P. and Another). For ready reference, the same is reproduced herein under:

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"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 28.4.2022 filed under section 376, 506 IPC arising out of Case Crime No. 1036 of 2021, P.S. Masuri, District Ghaziabad pending in the court of A.C.J. (S.D.)-I/A.C.J.M., Ghaziabad.

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It is contended by the learned counsel for the applicant that FIR has been lodged by O.P. No. 2 against the applicant. From the averments made in the FIR itself it appears that relationship between applicant and prosecutrix was of consensual nature.Further the FIR has been lodged after two years from the date of last relationship which shows that the FIR has been lodged just to harass the applicant. It is also contended that there is no supporting evidence to corroborate the allegations of the FIR. The prosecutrix is married lady and major. She has admitted that she as per her own will was chatting with the applicant and made physical relation with him. It is not stated that when and at which place the applicant has committed rape with the victim. The applicant has been falsely implicated. The real story is that applicant and husband of the victim has some dispute. In collusion with her husband the victim has falsely implicated the applicant in the present case. The statements of victim recorded under section 161 and 164 Cr.P.C. are totally vague, false and contrary to the FIR. No offence of rape is made out against the applicant. Learned counsel for the applicant place reliance on the case of Sonu alias Subhash Kumar Vs. State of Uttar Pradesh and another AIR 2021 Supreme Court 1405.

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Learned A.G.A. opposing the prayer submitted that the allegations of the FIR are in two parts. The first part is of consensual relationship while in second part there are specific allegations that applicant-accused against will of the prosecutrix and under threat contacted physical relationship with her which amounts to rape. It is further contended that victim in her statements recorded under section 161 and 164 Cr.P.C. has corroborated the aforesaid facts. So there is no sufficient ground to quash the charge-sheet or proceeding.

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The allegations of the FIR discloses a cognizable offence. On the basis of evidence collected during course of investigation and being satisfied that there is sufficient material charge-sheet has been submitted on which cognizance has been taken. The victim has corroborated the allegations of the FIR that subsequent physical relationship was not consensual, so it can not be said that from the allegations of the FIR no offence of rape is made out. It is settled principle of law that at this stage only prima facie case is to be seen as laid down by Hon'ble Supreme Court in the case of Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. There is nothing on record to demonstrate that proceeding is an abuse of process of the court or law. There is no sufficient ground to quash the charge-sheet or proceeding.

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The application U/s 482 Cr.P.C. is devoid of merit and is hereby dismissed. "

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On the above premise, the learned A.G.A. contends that present application is second application for the same relief. Referring to the judgement of Supreme Court in Superintendent and Remembrancer of legal affairs West Bengal Vs. Mohan Singh and others, 1975 (3) SCC 706 the learned A.G.A. contends that since no new circumstance has emerged therefore, present application is not maintainable.

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At this juncture, the learned counsel for applicant submits that present application be dismissed as withdrawn.

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Learned A.G.A. has no objection to the prayer made by the learned counsel for applicant.

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In view of above, this application is dismissed as withdrawn.

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Interim order, if any, stands vacated.

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Order Date :- 7.1.2025 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Nafis v. State of U.P. and Another

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Nafis v. State of U.P. and Another

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