SHAQEEL AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Case called out in the revised list. Learned counsel for the applicant and Sri Anirudh Sharma, learned A.G.A for the State are present. No one is present on behalf of opposite party No.2.

(2.) The instant application under section 482 Code of Criminal Procedure (Code) has been filed for quashing of proceeding of criminal case No. 1405 of 1999, u/s 498 Indian Panel Code (I.P.C) (Sate vs. Shaqeel Ahmad) pending in the court of A.C.M.M-I, Kanpur Nagar.

(3.) The brief facts of this case are that the opposite party No.2 Aneesa daughter of Waris Ali resident of 89/119, Basmandi, police station Anwarganj, District Kanpur Nagar had filed an application under section 156(3) of the Code against the applicant Shaqeel Ahmad and five others persons with the allegation that they are resident of her mohalla and on 20.4.1996 the applicant Shaqeel Ahmad had enticed away her with jewellery of Rs.40,000/- belonging to her mother and grand mother and Rs.5,000/- cash. He kept her at Allahabad, Delhi and committed rape against her will and consent and on 21.7.1996 finally left her at railway station, Fatehpur. She filed an application for lodging the first information report but the police did not lodge the same. It was also alleged that during her kidnapping, her father had made a complaint against Shafeeq Ahmad whereupon the father of applicant and other persons named in the said application become annoyed, hurled abuses and slapped her father and also beaten with lathi. It was also alleged in the said application that the applicant was not ready for performing marriage with her. In compliance of order passed by the learned Magistrate, a case crime No. 5/99, under sections 363-A/366,376 401, 232, 504 and 506 I.P.C was lodged at police station Anwarganj, District Kanpur Nagar and after conclusion of investigation, a charge sheet only under section 498 I.P.C was filed only against the applicant Shaqeel Ahmad. The learned Magistrate upon the said police report proceeded against the applicant/-accused and upon his appearance a charge was also framed.