DEEPAK KUMAR Vs. STATE OF UP AND ANOTHER

JUDGEMENT

(1.) This application u/s 482 Cr.P.C. has been filed seeking the quashing of charge sheet dated 11.6.2018 submitted in Case Crime No. 0112 of 2018, under Sections 376, 315 I.P.C. P.S.- Shivkuti, District- Allahabad whereupon registered as Criminal Case No. 2210 of 2018, State vs. Deepak Kumar, pending in the Court of Judicial Magistrate II, Allahabad.

(2.) Heard applicant's counsel.

(3.) The main submission made by the applicant's counsel is that the facts of the case and the allegations as have been made by the prosecutrix betray her consent in the carnal relationship which the applicant is said to have established with her time and again and it was a case of consensual sex and not that of a rape. If boy and girl enter into a live-in relationship and subsequently their relationship does not fructify into marriage such a relationship shall not be tantamount to committing rape. According to the counsel because of good respectful status of the accused he has been blackmailed and attempts on behalf of the prosecutrix and her family members have been made to force upon him the marriage with victim-prosecutrix. Though the truthfulness of the allegation has been challenged but it has also been argued that the allegations even if taken as such would not constitute or make out any criminal offence whatsoever and therefore, the prosecution going on against the applicant should be quashed as the same would result in abuse of court's process. Counsel has also placed reliance upon Hon'ble Apex Court's decision given in Deelip Singh alias Dilip Kumar vs. State of Bihar, 2005 AIR(SC) 203 and has tried to argue on that basis that even if it is presumed that the applicant did not keep the promise of marrying with the victim, his sexual relationship with the victim shall not amount to rape. Certain other contentions have also been raised by the applicant's counsel which too relate to disputed questions of fact. The court has also been called upon to adjudge the worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. Counsel has also tried to deny all the allegations made against the applicant and has assailed the credibility and the worth of evidence collected during the course of investigation against him. Complete denial has been pleaded on behalf of the accused and false implication in the case has also been pleaded.