Smt. Rekha Khera and Another vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 7997 of 2025

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Smt. Rekha Khera And Another

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.....Revisionist(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s)	: Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate
Counsel for Opposite Party(s)	: G.A.
Court No.- 91

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HON'BLE ABDUL SHAHID, J.

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Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Sadrul Islam Jafri, learned counsel for the revisionists and the learned A.G.A. for the State.

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Under challenge is the impugned order dated 8.10.2025 passed by the learned Additional Session Judge/FTC-41 (Crime Against Women), Kanpur Nagar, in Session Trial No.445 of 2025 (State of U.P Vs Varun Khera and others) arising out of case crime no. 173 of 2024, u/s 313, 323, 376, 504, 506, 406 1.P.C, Police Station Govind Nagar, District Kanpur Nagar,

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The FIR was lodged under Sections 313, 323, 376, 504, 506, 406 IPC against both the revisionists. Allegations have been made by the complainant/opposite party no. 2 that revisionist no. 2 has committed consistently rape and tortured forcefully.

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After detailed investigation, charge sheet has been filed against revisionist no. 1 under Section 504, 506 IPC and against revisionist no. 2 under Sections 376, 313, 323, 504, 506, 406 IPC.

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Complainant/opposite party no. 2 has supported the prosecution story in her statements under Section 161 & Section 164 Cr.P.C. and the medical report and supplementary medical report of the prosecutrix also supports the prosecution story.

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Learned Senior Counsel for the revisionists has submitted that there were consensual relationship between the opposite party no. 2 and revisionist no. 2 whereas the revisionist no. 1 is the mother of revisionist no. 2. He further submitted that there are several whatapps chat which shows that opposite party no. 2 was trying to make undue pressure upon the revisionists and filing of false and fabricated FIR against them.

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Learned Senior Counsel for the revisionists has relied on cases Pramod

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CRLR No. 7997 of 2025

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2

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Suryabhan Pawar Versus The State of Maharashra and another (2019) 3 SCC (Cri) 903 and Prashant Versus State of NCT of Delhi (2024) 8 Supreme 717 .

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The judgment passed by the Apex Court in Pramod Suryabhan Pawar (Supra) is related with the petition under Section 482 Cr.P.C. The law laid in Prashant (Supra) is also related with the petition under Section 482 Cr.P.C. whereas the present matter before this Court is in revisional court. Admittedly, the jurisdiction of this Court under Section 397 Cr.P.C. and the court under Section 482 Cr.P.C. is inherent powers of this Court and both are entirely different.

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The charge sheet has been filed against both the revisionists. The discharge application has been filed by the revisionists before the trial court, which has been commonly decided by the impugned order dated 8.10.2025. Learned trial court has passed a detailed order by mentioning the facts and circumstances consistently raped without consent and forcefully raped and also concerning with the miscarriage caused without woman consent. Learned trial court has duly discussed the law laid down by Hon'ble the Apex Court in Pramod (Supra) too. Learned trial court has specifically passed the speaking order that on the basis of the statement of the victim and whatsaps transactions between the accused and the victim and screen shot of those documents and the admission in the Regency Hospital, it could not be sufficient ground to discharge the revisionists at this stage. There are specific allegation on accused/revisionist no. 2 that he had made physical relationship with the victim after being unconscious by him. He filmed her video and threatened to viral the said video. The false promise of the marriage or the assurance of marriage, these are the questions of the fact which could not be decided at this stage. There are also allegations and evidences against the revisionist no. 1, who is the mother of revisionist no. 2 that she had threatened to kill the victim and abused her.

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Learned trial court has passed a very detailed reasoned and speaking order. After considering the contents of the FIR, the supporting evidences by the prosecution, statement of the victim and the documentary evidence, no final finding could be given at this stage for discharge of the accused/revisionists. The genesis, nature and evidences during investigation are very serious in nature. The offence is also of very serious and heinous nature.

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Considering the facts and circumstances, I find no scope for interference in the impugned order. The impugned order is well in conformity and does not suffer from material illegality, irregularity, perversity and jurisdictional error. The criminal revision is liable to be dismissed. It is dismissed accordingly.

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December 12, 2025 M. Tarik

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(Abdul Shahid,J.)

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Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad

Smt. Rekha Khera and Another v. State of U.P. and Another

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Smt. Rekha Khera and Another v. State of U.P. and Another

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