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2025 DAILYLAW 13131 (ALL)

ANKUL KUMAR v. STATE OF U.P. AND ANOTHER

NA528/5175/2025 · 2025-04-28

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65834 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5175 of 2025 Applicant :- Ankul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Kumar,Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rajendra Kr. Singh, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The instant application has been filed to quash the entire proceeding of case No. 41617 of 2024, case crime No. 380 of 2024, under Sections 376, 384, 366, 506 IPC and 2/3 D.P. Act, P.S. Chandpur, District Bijnor as well as cognizance order dated 22.11.2024 and charge sheet dated 25.9.2024. 3. Contention of learned counsel for the applicant is that from the bare perusal of the statement of opposite party No.2, recorded u/s 164 Cr.P.C., it is clear that there was consensual relationship between the parties and, subsequently, when the applicant refused to get married to opposite party No.2, he has been falsely implicated in the present case. Therefore, the impugned proceeding is abuse of process of the Court which deserves to be quashed. 4. Per contra, learned A.G.A. opposed the prayer and submitted that there is sufficient material on record, showing that there is specific allegation against the applicant for committing rape and subsequently refusing to get married to the victim girl. 5. After hearing the submissions of the parties and on perusal of the record, it appears that charge has been framed against the applicant and trial is going on. Even otherwise, the statement of the victim girl, recorded u/s 164 Cr.P.C., shows specific allegation against the applicant, therefore, this Court is not inclined to interfere in the impugned proceeding. 6. Accordingly, the application is dismissed. Order Date :- 29.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad