NAND KISHOR Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) Present application under Section 482 CrPC has been filed for quashing the entire criminal proceedings of S.T. No. 190/2017, State v. Nand Kishor, under Section 376 IPC and Section (3)(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending in the Court of Special Judge/Sessions Judge, Udham Singh Nagar.

(2.) Facts, in brief, are that on the complaint of respondent no. 2, an FIR was registered against the applicant accused on 13.2016 in the Police Station Bajpur for the offences under Section 376 IPC and Section (3)(1)(X) of the SC/ST Act. In the FIR, it was stated that the applicant accused and the complainant were neighbours and they started courting each other. Applicant accused promised the complainant that he would marry her and thereafter the applicant accused allegedly raped her on several occasions. When the complainant asked the accused applicant to marry her, he refused to do so stating that the two belong to different castes.

(3.) After investigation, police submitted the chargesheet for the offences punishable under Section 376 IPC and Section (3)(1)(X) of the SC/ST Act. Thereafter learned Special Judge, Udham Singh Nagar took cognizance of the offences and trial is proceeding against the applicant accused.