SWAMINATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Adya Prasad Tewari, 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 charge-sheet dated 13.07.2018 as well as cognizance order dated 25.10.2018 and to quash the entire proceedings of Criminal Case No.5583 of 2018 arising out of Case Crime No.158 of 2018 (State vs. Swaminath) under sections 376, 504, 506 IPC, Police Station Ghughli, District Maharajganj pending in the Court of Judicial Magisttrate, Maharajganj 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 the allegations made against the applicant by the opposite party no. 2 in the FIR are absolutely absurd because the accused-applicant is 72 years old person while the opposite party no. 2 is 38 years old, hence the present criminal proceedings need to be quashed as it is covered under the guidelines given in the case State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. It is further argued by the learned counsel for the applicant that the accused-applicant has been falsely implicated by the opposite party no. 2 and no such occurrence has taken place. If proceedings are allowed to continue that would amount to an abuse of process of court.