MOHIT SONI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Aakash Kishan, Advocate holding brief of Sri Ashok Gupta, learned counsel for the applicant, Sri C.P. Awasthi, Advocate holding brief of Sri Shashi Kumar Verma, learned counsel for the opposite party no.2 and Sri Prem Prakash Tripathi, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the Charge Sheet No. 114/17 dtd. 20/6/2017 in Case No. 3056/IX of 2017 (State vs. Mohit Soni), arising out of Case Crime No. 201 of 2017 u/S 493, 376, 504, 506 I.P.C., P.S.- Rajapur, District- Chitrakoot, pending in the court of learned Chief Judicial Magistrate, Chitrakoot.

(3.) Learned counsel for the applicant submits that in the instant case, after the pleadings were exchanged, the opposite party no.2 has filed a joint affidavit in the form of compromise before the learned Trial Court, which has been taken on record by the learned Trial Court and learned counsel for the opposite party no.2 does not dispute the said fact. In the said compromise, the opposite party no.2 has stated that she does not wish to prosecute her case against the the applicant herein as she has already married to someone else and is settled in her life and the instant prosecution would cause further harassment to her. In addition to the same, learned counsel for the applicant further submits from the plain allegations made in the F.I.R., the applicant and opposite party no.2 were in physical relationship or rather were in livein relationship with each other for more than six years and due to some dispute later on between the parties, when the applicant herein could not marry the opposite party no.2, the instant prosecution has been lodged by the opposite party no.2 herein against the applicant herein.