AAKIL @ ASALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) The present application under section 482 Cr.P.C. has been filed for quashing the order dated 29.10.2018 passed by Additional Session Judge 8th, Court No. 6, Ghaziabad in Criminal Case No. 235 of 2017 (State Vs. Aakil @ Aslam) arising out of Case Crime No. 10 of 2017, under section 323, 504, 506, 376 IPC and 4 POCSO Act, P.S. Murad Nagar, District Ghaziabad and entire proceeding in Criminal Case No. 235 of 2017 (State Vs. Aakil @ Aslam,) pending in the court of Additional Session Judge 8th, Court No. 6, Ghaziabad.

(3.) It is contended by the learned counsel for the applicant that the FIR of the alleged incident was lodged by Meharban, maternal uncle of the victim under section 323, 504, 506, 493 IPC against the applicant. The applicant is the Devar of the sister of the victim. In this case the Investigating Officer has submitted final report on 22.2.2017. Thereafter, the protest petition was filed by the informant on 28.3.2017. On the protest petition of the informant the order for further investigation was passed and thereafter, the I.O. has submitted charge-sheet against the applicant under section 323, 504, 506, 376 IPC and 3/4 POCSO Act. It has further been submitted that in medical report the age of the victim has been shown about 17 years. In fact, at the time of alleged incident the victum was major. In fact, there was dispute of marriage in between the informant and the family members of the applicant. The family members of the victim were making pressure upon the applicant to solemnize his marriage with the victim. When the applicant refused to solemnize marriage with the victim he has falsely been implicated in this case. It has further been submitted that no offence is made out against the applicant. The applicant has moved a discharge application which was rejected by the trial court vide order dated 29.10.2018. The impugned order dated 29.10.2018 is not in accordance with law. The applicant has falsely been implicated in this case only for the purpose of harassment.