LOKENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, Sri Raj Kumar Shukla, learned counsel for the informant / victim and Sri O.N. Mishra, learned A.G.A. appearing for the State.

(2.) Present application under Sec. 528 BNSS has been filed for quashing the charge-sheet no. 65 of 2024, dtd. 5/4/2024 and cognizance order dtd. 16/10/2024 as well as entire proceeding of Criminal Case No. 108112 of 2024 (State vs. Lokendra Singh and others), arsing out of Case Crime No. 57 of 2024, under Ss. 376, 504, 506 IPC, Police Station Gujaini District Kanpur Nagar pending before Additional Civil Judge (Senior Division), Court No. 5, Kanpur Nagar.

(3.) The brief facts of the case are to the effect that a first information report was lodged by the opposite party no. 2 / victim of the present case, which was registered on 2/3/2024 at 08:07 hours as Case Crime No. 57 of 2024, under Ss. 376, 504, 506 IPC at Police Station Gujaini, Commissionerate Kanpur Nagar. The date, time and place of the incident have not been mentioned in the first information report. It is alleged by the victim in her first information report as well as statements recorded during the course of investigation that the victim befriended the applicant on the social media platform, namely, Facebook. Both developed a mutual liking and fondness for each other and thereafter stayed in contact with each other. The friendship between them bloomed into a romantic relationship on 19/2/2022. In the month of May of 2022, the applicant allegedly promised the prosecutrix that he would marry her. On 7/7/2022, the applicant and the victim visited an under-construction building of one of the friends of the applicant and physical relationship was established between them. It is added by the victim in her statement recorded under Sec. 164 Cr.P.C. that they entered into consensual relationship about 30-40 times in the under-construction building. They remained in a relationship for a period of one and half years but in the month of November 2023, the applicant refused to marry the victim. The victim came to know through social media that the applicant was going to marry another girl.