PRAVEEN KUMAR TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned A.G.A. for the State.

(2.) The present application has been filed for quashing the order dtd. 16/3/2023 in Criminal Case No.1428 of 2023 arising out Case Crime No.0040 of 2023 U/s 376, 506 I.P.C., Police Station- Kurwar, District- Sultanpur as well as charge-sheet filed by police in Case Crime No.40 of 2023 and entire proceedings of Crl. Case No.1428 of 2023.

(3.) Learned counsel for the applicant submits that it is a case of extra marital relations which were done with the consent of victim. He further submits that when mobile phone of the victim was caught by her husband then, under pressure, she lodged F.I.R. against applicant. During the course of investigation, her statement U/s 161 as well as 164 Cr.P.C. was recorded, in which, she stated that applicant was usually making physical relations with her by giving life threat of her family members. He further submits that one day her husband caught her mobile phone then she narrated the entire story to him, thereafter, F.I.R. in question was lodged against applicant. It is next submitted that this is highly improbable that the charge-sheet was filed by Investigating Officer without conducting the detail investigation as well as without considering call detail records. It is, thus, submitted that only with the intention to blackmail the applicant, F.I.R. in question was lodged, therefore, kind indulgence of this Court is required.