Shabnam and Another vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:122236

Court No. - 78

Case :- APPLICATION U/S 528 BNSS No. - 14248 of 2025

Applicant :- Shabnam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Supplementary affidavit filed on behalf of the applicants today in the Court, is taken on record.

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Heard Sri Manish Joshi, learned counsel for the applicants and Sri S. K. Ojha, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the Charge Sheet No.212 of 2024 dated 11.11.2024 and cognizance order dated 06.12.2024 as well as entire proceeding of Special Case No.35 of 2025, CNR No.UPMO01000283-2025(State Vs. Mohd. Kamil and Others), under sections 352, 351(3) of BNS, arising out of Case Crime No.193 of 2024, Police Station Chhajlet, District Moradabad, pending in the court of learned District and Sessions Judge, Moradabad.

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Learned counsel for the applicants submits that the instant FIR has been lodged after two years of the alleged incident making out a false and concocted allegations against the applicants herein, who are the sister and mother of the actual culprit who has allegedly raped the victim. Even as per the FIR as well as the statement of the victim under section 161 Cr.P.C. there is nothing on record that immediately after the incident, whether the victim has ever complained of the incident of taking nude photograph by the brother of applicant no.1 and son

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of applicant no.2. It is only after about two years she complained of the said incident, wherein the allegations against the applicants herein is that when she apprised the applicants then they threatened her that if she well tell about the said incident to any one else then it will not be good for herself. Except this allegation there is no other allegation against the applicants herein. Learned counsel for the applicants further submits that the applicant no.2 is aged about 72 years and the applicant no.1 is 25 years old young lady and the prosecution of the case would affect them adversely, therefore, he seeks quashing of the entire proceeding of the instant case against the applicants herein.

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Per contra, learned AGA for the State submits that from the FIR as well as the statement under section 183 BNSS it is apparent that there was an active involvement of the applicants herein, whereby they asked the victim to go inside the house and change her cloths and at the same time the nude photograph were allegedly taken by the son of applicant no.2 and the brother of applicant no.1 and on the basis of those photograph he continuously threatened the victim and consequently alongwith one other accused person, they have committed gang rape on the victim. In view thereof and from the aforesaid statement it is apparent that there was an active involvement of the applicants herein in the entire episode, therefore, a primafacie case has been made out against the applicants herein. He further submits that during the investigation charge sheet was filed, whereupon the learned trial court has taken cognizance against the applicants herein for the offences under sections 352 and 351(3) BNS, therefore, there is no illegality in the said cognizance order or the charge sheet in the instant case. In view thereof the learned AGA for the State submits that the instant application deserves to be dismissed.

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Having heard the rival submissions so made by learned counsel for the parties this Court is of the considered view that from the perusal of the FIR as well as the statements of the victim under sections 180 and 183 BNSS it is apparent that there was an active involvement of the applicants herein in the incident, whereby they have deliberately asked the victim to go inside the house and change her cloths, where nude photograph of the victim were taken by the son of the applicant no.2 and brother of the applicant no.1 and on the basis of the said photograph he continuously threatened the victim and subsequently succeeded to force the victim for commission of gang rape alongwith another co-accused person. Therefore, in view of the aforesaid material this Court do not find any illegality in the charge sheet or cognizance order and this Court also do not find any good reason to interfere with the charge sheet or the cognizance order at this stage.

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In view thereof, the instant application is hereby dismissed.

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Order Date :- 24.7.2025 VKG

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(Anish Kumar Gupta,J.)

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Shabnam and Another v. State of U.P. and Another

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