UDIT SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jagat Narayan Mishra, learned counsel for the applicant, Sri Umesh Kumar, 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. 19/1/2025 submitted in Case Crime No. 578 of 2024, under Ss. 69, 351(3), 352 of B.N.S., Police Station Kalyanpur, District- Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate-II, Kanpur Nagar.

(3.) The prosecution case in brief is that a First Information Report was lodged by the opposite party no. 2/victim of the present case which was registered as Case Crime No. 578 of 2024, under Ss. 69, 351(3), 352 of B.N.S. at P.S. Kalyanpur, Commissionerate Kanpur Nagar, in respect of alleged incidents committed between 1/11/2021 and 17/12/2024. The prosecutrix alleged in the F.I.R. that she was studying in a coaching centre and was preparing for competitive examination. The applicant was also studying in the same coaching centre. She further alleged that the applicant developed liking for her and gave an assurance of marriage which she communicated to her parents and obtained their consent. The applicant frequently visited the residence of the victim and used to take her for outings. It is further alleged that the applicant made a promise of marriage and maintained physical relations with the victim from the year 2021, till date (i.e. till lodging of F.I.R.) under the pretext of marriage. The applicant secured employment in the month of July, 2024, in the State Bank of India and repeated requests for marriage were made by the family member of the victim, and it was refused outrightly by the applicant. The applicant's father used abusive language and threatened them with dire consequences. The applicant and his father were nominated in the F.I.R. as accused.