RAGHVENDRA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The present application under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS") has been filed for quashing the entire proceedings of Criminal Case No. 5371 of 2024 (State vs. Raghvendra Singh), arising out of Case Crime No. 145 of 2024, under Ss. 115(2), 351 (3), 352, 110, 117(2) of Bharatiya Nyay Sanhita (BNS) (equivalent to Ss. 323, 506, 504, 308, 325 of IPC), P.S. Civil Lines, District Etawah as well as cognizance/summoning order dtd. 22/10/2024, pending in the court of Chief Judicial Magistrate, Etawah.

(2.) Brief facts of the case are that the FIR dtd. 5/7/2024 has been lodged against the applicant and two other unknown persons alleging that marriage of first informant was solemnized with the present applicant on 11/3/2018 but due to some matrimonial disputes first informant is residing in her parental house. On 4/7/2024 she had gone to the civil court for doing pairavi in a case related to the maintenance and domestic violence, at the same time the present applicant threatened the first informant to withdraw all the cases. At about 2.00 P.M. on the same day the applicant and two other unknown persons came and abused the first informant and pulled her hair and committed marpeet with her. Due to this marpeet first informant became seriously injured and sustained injuries over the whole body including head. On her crying the applicant and other co-accused persons fled away from the place of incident by car.

(3.) Learned counsel for the applicant submits that the opposite party no. 2 herself dispossessed the applicant and mother of the applicant from matrimonial house. In this regard one Complaint No. 47/12 of 2022 (Sonkali vs. Supriya and another), under Sec. 12 (1) of Protection of Women From Domestic Violence Act, 2005 has been filed against the first informant. The first informant lodged Case Crime No. 312 of 2024, under Ss. 85, 115(2), 351(2) of B.N.S. (equivalent Ss. 498-A, 323, 506 of IPC) and Sec. of Dowry Prohibition Act on 7/11/2024. One Maintenance Case No. 31 of 2023 (Supriya Yadav vs. Raghvendra Singh), under Sec. 125 Cr.P.C. and one Complaint Case No. 13 of 2023, under Sec. 12 of Protection of Women from Domestic Violence have also been filed by the first informant against the applicant. It is further submitted that the offence punishable under Secs. 110 and 117 of BNS (Sec. 308, 325 IPC) have been added during the investigation. It is further submitted that the applicant has been falsely implicated in the offence as alleged and without conducting fair investigation charge sheet has been submitted under influence of father of the first informant, who is President of Teachers Union and close to the Ex-M.L.A., Bharthana, Etawah.