SHIVAM SOLANKI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Chandrachud Pandey, Advocate holding brief of Mr. Anil Kumar Srivastava, learned counsel for the applicant, Mr. Ishir Sripat, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned counsel appearing for the State as well as perused the entire material available on record.

(2.) The present 482 Cr.P.C. application has been filed to quash the charge sheet No.57 dtd. 20/2/2021 and cognizance/summoning order dtd. 31/3/2021 as well as the entire prosecution of Criminal Case No.13805 of 2021 (State vs. Shivam Solanki), arising out of Case Crime No.504 of 2020, under Ss. 323, 504, 506, 427, 386, 376 and 511 IPC, Police Station-Hariparvat, District-Agra, pending before the court of Chief Judicial Magistrate, Agra.

(3.) Brief facts of the case are that for the incident dtd. 26/12/2020 at about 08:00 hrs, NCR was lodged on 27/12/2020 under Ss. 323, 504 and 506 IPC alleging therein that daughter of opposite party no.2, namely, Riddhi was called by the applicant at the gate of Ram Nagar Colony, using unparliamentary language, when Riddhi objected the same, the applicant assaulted her. On alarm being raised by opposite party no.2, persons of the locality reached there, where upon the applicant ran away giving threat to kill. On the NCR, so lodged, the Investigating Officer investigated the matter, collecting evidence by means of recording statements, medical and taking note of broken mobile i-phone and converted, the aforesaid NCR into FIR as is evident from Parcha No.52 dtd. 31/12/2020. Thus, an FIR was registered as Case Crime No.504 of 2020, under Ss. 323, 504, 506, 354, 427 of IPC against the applicant. After registration of the FIR dtd. 31/12/2020, the Investigating Officer has prepared the fard of broken mobile, which belongs to injured. For the first time, on 1/1/2021, the statements of the complainant and victim Riddhi under Sec. 161 Cr.P.C. was recorded by the Investigating Officer, the statement of the victim under Sec. 164 Cr.P.C. was recorded on 6/1/2021. During investigation, the Investigating Officer has found that no offence under Sec. 354 IPC was made out against the applicant and, therefore, he has deleted the aforesaid Sec. and added Sec. 354B and 386 IPC on the basis of statement of the victim under Sec. 164 Cr.P.C. as is evident from C.D. No.48 dtd. 6/1/2021. Thereafter, the second statement of the complainant, namely, Vishal Wadhwa and injured, namely, Riddhi Wadhawa under Sec. 161 Cr.P.C. were recorded on 3/2/2021. Subsequently, the charge sheet was submitted on 20/2/2021 against the applicant under Ss. 323, 504, 506, 427, 386, 376, 511 IPC, pursuant to which, the applicant has been summoned vide order dtd. 31/3/2021 in the aforesaid Sec. .