SACHIN KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravindra Kumar Dwivedi, the learned counsel for the applicant, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and Sri Dharmendra Kumar Tiwari, the learned counsel appearing on behalf of the opposite party no.2.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C. the applicant has sought quashing of the entire proceedings of the Complaint Case No.39 of 2019: Kanchan Devi Vs. Sachin Singh, arising out of Case Crime No. 29 of 2018, under Sec. 376 I.P.C. and Sec. 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Sammanpur, District Ambedkar Nagar, pending in the Court of Special Judge, SC/ST Act, Ambedkar Nagar on the ground that the parties have entered into a compromise.

(3.) The opposite party no.2 had filed an application under Sec. 156 (3) Cr.P.C. on 13/4/2018 alleging that the applicant is a Police Constable and he came to the complainant"s house on 1/4/2017 at about 11.00 a.m. and raped her and thereafter he repetitively raped her on various occasions. After investigation, the Investigating Officer submitted a final report dtd. 30/7/2018 stating that a Case Crime No.82 of 2016, under Ss. 279, 337, 338, 304-A I.P.C. was lodged in Police Station Sammanpur, District Ambedkar Nagar. A police team had gone to arrest the accused persons and recover the stolen vehicle, whereupon some accused persons had resisted them in performance of their official duties. The Investigating Officer had lodged an F.I.R. No.37 of 2017, under Ss. 147, 323, 504, 353, 332, 336 I.P.C. and Sec. 7 of Criminal Law Amendment Act and Sec. 3 (I) (x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The complainant works at the brick kiln of one of the accused persons and she had filed the application under Sec. 156 (3) Cr.P.C. on false allegations under his pressure. The incident was not supported by any independent witness.