KALIKA PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr Satish Triv edi, learned senior counsel assisted by Mr Sheshadri Trivedi, learned counsel for the applicant, Mr Radhey Shyam Shukla, learned counsel for the private respondent no. 2, learned AGA for the State and perused the record. By means of this application, applicant has prayed for quashing of the entire proceedings of Criminal Case No. 13802 of 2022 (State Vs Kalika Pratap Singh) arising out of Case Crime No. 401 of 2019, Under Ss. 420, 376,306, 406,120-B IPC and Sec. 67 of IT Act and Sec. 3/4 of D.P.Act, P.S. Jhunsi, District Prayagraj including the charge sheet dtd. 12/5/2022 and the summoning order dtd. 18/6/2022.

(2.) Brief facts of the case are that on the basis of the application filed by opposite party no. 2 an FIR was registered on 2/5/2019 bearing case Crime No. 401 of 2019, under Sec. 420 IPC and Sec. 3/4 of D. P. Act at P.S. Jhunsi, District Prayagraj alleging therein that applicant and daughter of opposite party no. 2 came in contact through facebook and they had visited Bhopal twice and were in talking terms with each other and, thereafter, father-in-law of informant and two of his uncles including the informant went to the house of the applicant at Allahabad and talk took place on 05/07/2017 and thereafter informant and his uncles went to the house of the applicant's brother at Mathura on 20/08/2017 and after that applicant's brother came to my house at Bhopal to see the girl and returned thereafter. It is further alleged that exactly after one year i.e. on 18/08/2018, informant is said to have gone to Mathura where applicant's uncle, namely, Jai Prakash Singh, brother, namely, Arvind Singh and another brother, namely, Vishwanath Pratap Singh were present and there the informant is said to have paid Rs.24,80,000.00 and again informant is said to have gone to the house of applicant at Allahabad on 16/11/2018, where the date of marriage was finalized and Tilak's date has been fixed on 07/05/2019 and Marriage's date have been fixed for 15/05/2019. It is further alleged that the D'zire Car, which was promised to be given on Tilak ceremony has been purchased by the informant on 30/04/2019 and when the date of marriage and Tilak came closer and the invitation cards have been distributed and the dates reached nearer, then the applicant, without any reason, is said to have denied for marriage because family members of the applicant are said to have refused for marriage. Thereafter, informant and other family members including the victim are said to have reached the applicant's house at Allahabad and there they were threatened to ran away from his house. On this, daughter of the informant is said to have consumed some poisonous substance as a result of which her condition worsened and at that time applicant is said to have taken the victim to Swarooprani Hospital and got admitted her there and when her condition could not be approved, she was lateron transferred and admitted to Shakuntala Hospital.

(3.) During investigation a suicide note of victim was recovered by the Investigating Officer, thereafter, the Investigating Officer added the new Sec. as Ss. 376, 306, 406, 120-B IPC and Sec. 67 of I. T. Act and after investigation, Investigating Officer found no case against the applicant and therefore submitted final report against the applicant on 18/9/2021. Which was objected by the mother of the deceased by moving application before the police authority for further investigation into the matter upon which an enquiry was ordered and the enquiry officer recommended for further investigation into the matter under Sec. 173(8) Cr.P.C. thereafter vide order dtd. 18/2/2022 SSP, Prayagraj ordered further investigation into the matter and pursuant to the order dtd. 18/2/2022 the Investigating Officer conducted investigation and thereafter submitted charge sheet against the applicant on 7/5/2022 in Case Crime No. 401 of 2019, under Ss. 420, 376,306,406,120-B IPC and Sec. 67 of IT Act and Sec. 3/4 of D.P.Act upon which the court below took cognizance vide order dtd. 12/5/2022 and summoned the applicant to face the trial. Further, NBW has also been issued against the applicant vide order dtd. 26/8/2022.