SANJAY @ SANJAY KASHYAP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashwani Kumar Singh, learned counsel for the applicant, Sri Mahesh Kumar Sahani, learned counsel for opposite party no.2/ victim and Sri Prashant Kumar Singh, learned A.G.A. for State- opposite party no.1.

(2.) Present application under Sec. 528 B.N.S.S. has been preferred for quashing the charge-sheet dtd. 9/6/2024 and cognizance order dtd. 8/2/2025 as well as entire criminal proceeding of Case No.159 of 2025, arising out of Case Crime No.238 of 2024, under Ss. 376, 323, 342 and 506 of I.P.C., Police Station Pipraich, District-Gorakhpur, pending in the court of J.M./ Civil Judge Junior Division-14, Gorakhpur.

(3.) The brief facts of the case are to the effect that a First Information Report was lodged by opposite party no. 2/victim of the present case, which was registered on 30/3/2024 at 16:55 hours as Case Crime No. 238 of 2024, under Ss. 376, 323, 342, and 506 I.P.C. at Police Station Pipraich, District Gorakhpur. The date and time of the incident have not been mentioned in the FIR. It is alleged in the FIR that the victim met the applicant a year ago in a marriage ceremony. The applicant purchased a mobile phone and gifted the same to the informant/victim. Thereafter, conversations were exchanged between the applicant and the victim, and a promise of marriage was made by the applicant before the family members of the victim. On account of the promise of marriage, made by the applicant, they developed intimacy, and when the victim pressurized on the applicant to marry her, he made excuses and later threatened to kill her. The victim reached the house of the applicant on 26/3/2024, where the applicant allegedly physically assaulted her. The applicant ultimately declined to marry her.