HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1116 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned order dated 26.10.2023 passed by Additional District & Session Judge/Special Judge (SC/ST Act), Bhadohi in Complaint Case No.94 of 2016, under Sections 313, 315, 504, 506, 420 and 376 IPC and Section 3(1) SC/ST (Prevention of Atrocities) Act. 2. Heard Mr. Man Mohan Mishr, learned counsel for the appellant, the learned AGA for the State-respondent, Mr. Sanjay Kumar Yadav, learned counsel for the respondent no.2 and perused the entire record. 3. Learned counsel for the appellant submits that the appellant is a married lady having two children and as per allegation made in the complaint, the respondent no.2 introducing himself as unmarried person made relation with the appellant. Appellant and respondent no.2 have solemnized marriage on 13.12.2009 and by using his influence, the opposite party no.2 has also took Rs.18 lacs from the appellant. He further submits that the respondent no.2 sexually exploited the appellant in different places and also aborted two pregnancy of the appellant but the court below ignoring above aspect as well as this fact that the respondent no.2 cheated the appellant by wrongfully representing himself to be an unmarried person thereby fraudulently took delivery of money from the appellant which is punishable under Section 420 IPC, rejected the impugned complaint case in a routine manner. He further submits that court below while rejecting the complaint case has failed to applied its judicial mind, hence, the same is liable to be set aside. Versus Counsel for Appellant(s) : Man Mohan Mishra Counsel for Respondent(s) : G.A., Sanjay Kumar Yadav Kailashi .....Appellant(s) State Of Uttar Pradesh & Anr. .....Respondent(s) 4. Per contra, learned AGA vehemently as well as learned counsel for the respondent no.2 opposed. It is an admitted fact that the victim is married lady having two child and without taking divorce, how she can solemnize marriage with another person. Appellant has voluntarily made relation with the respondent no.2 meaning thereby she is a consensual party, therefore, no offence is made out against the respondent no.2, hence, the court below has rightly rejected the impugned complaint of the appellant. 5. I have considered the arguments advanced on behalf of the parties and perused the impugned order passed by the court below. I find no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. October 8, 2025 Ajeet CRLA No. 1116 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad