NANDKISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Desh Ratan Chaudhary, learned counsel for the applicants and learned A.G.A. for the State.

(2.) This application has been filed for quashing the charge sheet No.01 of 2018 dated 12.01.2018 of Case Crime No.262 of 2017, under Sections 147, 323, 452, 504 and 506 IPC, Police Station Gonda, District Aligarh and further criminal proceedings of Case No.1978 of 2018 in pursuance thereof including the order taking cognizance dated 26.11.2018 pending in the court of learned Judicial Magistrate, Iglas, Aligarh.

(3.) It has been argued by the learned counsel for the applicants that the applicants have been falsely implicated in this case and prima facie no case is made out against them. It was alleged that son of opposite party No.2 has enticed away the daughter of applicant No.1 in the year 2015 and applicant No.1 has lodged F.I.R. against opposite party No.2 and his family members. Applicant No.1 has lodged another F.I.R. against sons of opposite party No.2, regarding rape with his daughter, under Section 376D I.P.C. and Section 6 of POCSO Act. It was submitted that proceedings of the present are counterblast of above stated cases. Learned counsel further submitted that a 'panchayat' was also held regarding dispute between the parties, wherein, some 'marpeet' has taken place, but the issue was settled peacefully, but despite that, respondent No.2 has lodged F.I.R. by moving application under Section 156(3) Cr.P.C. It was further submitted that investigation was not done properly and impugned charge-sheet was filed in a casual manner without considering entire facts and circumstance of the case.