SHARAFAT @ VIKRAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Sharafat @ Vikram, Chahat and Rahat, with a prayer for setting aside impugned criminal proceeding of Case No.391/2019, pending before the court of Civil Judge (C.D.)/Fast Track Court, Gautam Budh Nagar, bearing Case Crime No.45/2018, under Sections 498A , 494 , 323 , 504 and 376 of IPC, Police Station-Mahila Thana, District Gautam Buddh Nagar.

(2.) Learned counsel for applicants argued that the applicants are innocent. Husband can never be an accused of rape with his wife, whereas, informant, in her statement, recorded, under Section 161 of Cr.P.C., has categorically said that her brother-in-laws have not committed any untoward behavior with her, except, torture. For occurrence of rape, there is no statement of victim, even then, chargesheet has been filed. Hence, it was an abuse of process of law. Therefore, for avoiding abuse of process of law, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer for quashing of entire proceedings with an alternate prayer for grant of bail in view of law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.