TAUFIK AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Ved Prakash Mishra, learned counsel for the applicant, Mr. Vijai Kumar Tiwari, learned counsel for the opposite party no.2 and Mr. Pramod Kumar Singh, learned counsel for the State and perused the record.

(2.) The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.230 of 2021, dtd. 7/5/2021 and the entire proceedings of Criminal Case No.1340 of 2021, arising out of Case Crime No.220 of 2021, under Ss. 420, 323, 376, 344 IPC and Sec. 3/4 (1) U.P. Conversion Prevention Act, 2020, Police Station Swar, District Rampur.

(3.) Brief facts of the case are that an FIR was lodged on 7/6/2021 at about 18:31 hrs by the opposite party no.2 against Rahul @ Mohd. Ayan and two unknown persons with the allegations that the opposite party no.2 became friendly with one Rahul through Facebook. Rahul took mobile number of opposite party no.2 and repeatedly used to call her. After nearly one year of chatting through Facebook, the alleged accused; Rahul proposed to marry the opposite party no.2. From the conversation through telephone, the opposite party no.2 liked habits of the aforesaid Rahul, therefore, she gave her consent of marriage. On request of Rahul, the opposite party no.2 reached Rampur from where she was taken to Nawabnagar, Police Station-Swar, District-Rampur, his village and she was detained in his house till six months. During the period of stay, she came to know that the aforesaid Rahul Kumar is a Muslim boy, therefore, she said that it is not possible for her to marry him as her religion is Hindu. On her refusal to marry, the opposite party no.2 was badly beaten by Rahul Kumar @ Mohd. Ayan s/o Mohd. Jahoor and without her consent, he forcefully established physical relations with her. She was illegally detained for six months and was sexually assaulted by him. He also called his two friends, who forcefully committed rape upon her. The opposite party no.2 has managed to run away from there and lodge the present FIR. She also disclosed that Rahul @ Mohd. Ayan exploited a number of girls by trapping them becoming friendly through Facebook. She came to know about money being given by Madarsa for exploiting of Hindu girls, which was disclosed by him to opposite party no.2.