VIPIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nagendra Kumar Singh, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.

(2.) This application under Section 482 Cr.P.C has been moved with a prayer to quash the proceedings of Special Case No. 127 of 2019 (State vs. Vipin) and charge-sheet no. Nil of 2018 dated 12.05.2019 as well as cognizance order dated 11.07.2019 arising out of Case Crime No.439 of 2018 under sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Alhaganj, District Shahjahanpur pending before Additional District and Sessions Judge, Court No.8, Shahjahanpur and also a prayer is made to stay the proceedings in this case till the disposal of this application.

(3.) It is argued by the learned counsel for the applicant that in this case the daughter of opposite party no. 2 though minor admittedly being below 18 years of age but she has married the accused-applicant and the victim has approached this Court through Crl. Misc. Writ Petition No.1009 of 2019 (Smt. Geeta Devi and another vs. State of U.P. and 5 others), wherein an order dated 17.1.2019 has been passed in which accused was given protection against arrest till the submission of police report under section 173 (2) Cr.P.C.copy of which is at page-19. Attention is also drawn to the statement recorded under section 164 Cr.P.C. which is at page-27 of the paper book in which she has stated that she had left the house of her own free will on 26.12.2018 at 9.00 p.m. and had gone Delhi with the accused-applicant Vipin where she had done court marriage with the applicant and was living with him. Pointing out the said statement, it is argued by the learned counsel for the applicant that the charge-sheet has been erroneously submitted by the Investigating Officer ignoring the above fact that the victim had gone with the accused of her own free will. Therefore, this being a malicious prosecution, charge-sheet needs to be quashed.