DILEEP KUMAR UPADHAYAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.

(2.) This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge-sheet dated 25.03.2019 having cognizance order dated 4.07.2019 as well as proceedings thereof bearing Case No. 1532 of 2019 under Sections 376 and 506 I.P.C. pending in the Court of A.C.J.M. First, Court No. 9, Basti originate from Case Crime No. 25 of 2019, P.S. Munderwa, District Basti.

(3.) Learned counsel for the applicant has argued that the accused applicant has been falsely implicated in this case by O.P. No. 2 who is married lady. Her marriage was solemnized in the year 1996 with one Vijay Nath and out of the wedlock, two children were born. Thereafter she left matrimonial home which led her husband, Vijay Nath to file a case under Section 9 of the Hindu Marriage Act for restitution of Conjugal Right but she did not return to her matrimonial home. Thereafter she developed illicit relation with one Hemant Jaiswal and because of that her husband, Vijay Nath had filed a divorce petition under Section 13 of Hindu Marriage Act for seeking divorce. O.P. No. 2 had also filed a case under Section 125 Cr.P.C. against her husband seeking maintenance, documents regarding which is annexed at annexure no. 4 of this petition. False allegation has been made by O.P. No. 2 against the the present accused applicant saying that the accused applicant has sexually exploited her giving her false assurance that he would marry her.