DEEPAK SAGAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the summoning/cognizance order dated 4.3.2020 as well as the entire proceedings of Criminal Case No. 1009 of 2020, State v. Deepak Sagar, under Sections 376, 506 IPC, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) Background facts of the case are that respondent no. 2 filed an FIR on 10.12.2019 against the present applicant and six other persons stating that she is acquainted with the accused applicant ever since the time he did not attain the age of majority and the accused applicant used to continuously meet her and talk to her on mobile phone. In June 2016, accused applicant took her to Hotel City Star and committed rape on her and threatened her not to disclose the incident to anyone and said that he recorded the entire incident in the camera. Thereafter the accused applicant forcefully committed sexual intercourse with her many a times. In December, 2017, the accused applicant took her to Hotel Madhuban, Kashipur and in January 2018, he took her to his house in Vaishali Colony and committed rape on her. When the prosecutrix became pregnant, the accused applicant terminated her pregnancy on 10.2.2019 assuring her that he would marry her. Thereafter he continued to commit forceful sexual intercourse with her on several occasions. When the prosecutrix asked the accused applicant to marry her, the applicant refused and he also administered poison to her. When the prosecutrix threatened to lodge the FIR, the accused applicant abused her in filthy language and threatened to make viral the video clipping.

(3.) After investigation, police submitted the chargesheet only against the present applicant and remaining co-accused persons were exonerated. Pursuant to the chargesheet, the Court below took cognizance of the offences and summoned the accused applicant to face the trial.