KULDEEP VERMA Vs. STATE OF U. P.

JUDGEMENT

(1.) The present application under Sec. 528 B.N.S.S. has been moved by the accused-applicant to quash the charge sheet dtd. 8/8/2025, the cognizance order dtd. 26/8/2025 passed by the Chief Judicial Magistrate, Aligarh and the proceedings in trial of Case No. 2823/2025 (State Vs Kuldeep) arising out of Case Crime No. 521/2025, Police Station- Quarsi, District- Aligarh for the offences in Bhartiya Nyaya Sanhita 2023 under Ss. , 69 (Sexual intercourse by employing deceitful means), 115(2) (Voluntarily causing hurt), 352 (Intentional insult with the intent to provoke breach of peace) and 351(3) (Criminal Intimidation).

(2.) Heard Shri Mritunjay Dwivedi, learned counsel for applicant, Ms. Akansha Gaur, learned counsel for opposite party no. 2 and Shri Raj Baran, learned A.G.A. for State. Perused the record.

(3.) The opposite party no. 2 (Victim) has lodged the FIR on 20/6/2025 at 23:56 hours against the accused-applicant with the allegation that the victim is residing in the house of accused- applicant and in relations with the accused-applicant since last 11 years, during this period accused-applicant has entered into sexual intercourse with the victim on making false promise of marriage. He also violently hurt her by kicks and fist while entering into sexual intercourse. He also threatened the victim not to open her mouth otherwise he would defame her. The accused-applicant kept the victim as his wife. On 27/5/2025 at about 9:00 p.m., the accused-applicant has beaten the victim due to which she suffered knee injury. She has given a written information at the police station concerned on which the accused-applicant has entered into a written compromise and ready to keep the victim with him but after leaving the police station, he again stated not to keep her with him as she is suffering from 'Rasauli' (Uterine Fibroids) and further threatened to implicate her and her family members in false cases and hurl abuses.