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Neutral Citation No. - 2025:AHC:69215 Court No. - 87 Case :- APPLICATION U/S 482 No. - 28157 of 2024 Applicant :- Mamta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Divyanshu Pathak,Manoj Mishra Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed by applicant to quash the order dated 27.5.2024 passed by learned A.C.J.M., Court No.2, Agra in Criminal Misc. Case No. 3114 of 2023 by which the application filed by the applicant under Section 156(3) Cr.P.C. has been rejected. 3, Learned counsel for the applicant submits that opposite party no.2, Sameer, several time committed committed rape on applicant on the false promise of marriage. When the applicant became pregnant then due to pressure of opposite party no.2 abortion was done. It is submitted that opposite party no.3 met with applicant saying that he belongs of Hindu community while he belongs to Muslim community. Thereafter the applicant filed an application under Section 156(3) Cr.P.C. on 2.3.2023 in the court of A.C.J.M.,2nd, Agra after that statement of the applicant and witnesses were recorded under Sections 200 Cr.P.C. and 202 Cr.P.C. respectively. There after A.C.JM., Court No.2, Agra rejected the application filed under Section 156 (3) Cr.P.C. vide impugned order dated 27.5.2024.
4. From the impugned order dated 27.5.2024 it appears that the court below has passed this order giving finding that the applicant was already a married women and a dispute with her husband was already going but she has not produced any document to show that she has divorced her husband. Without divorce she married Sameer. She also could not mention the date and place of incident in her complaint. She also did not produce any medical evidence to show the incident of rape and considering all these aspect of the matter, the court below rejected the application filed by the applicant under section 156(3) Cr.P.C.
5. Considering all the facts and circumstances of the case and after hearing the learned counsel for the parties, I do not find any good ground to interfere in the impugned order dated 27.5.2024.
6. According, the instant application is dismissed. Order Date :- 29.4.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad