Application No. 13620 of 2017. Case: Kasam and Another Vs State of U.P. and Others. High Court of Allahabad (India)

Case NumberApplication No. 13620 of 2017
CounselFor Appellant: Binod Kumar Vishwakarma and Yug Raj Singh, Advs.
JudgesPankaj Naqvi, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Section 376D
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)


Pankaj Naqvi, J.

Heard Sri Binod Kumar Vishwakarma, learned counsel for the applicants and the learned A.G.A.

The instant Section 482 Cr.P.C. application has been filed for quashing the proceedings of Complaint Case No. 2089 of 2017 (Smt. Farhana @ Sukhi Vs. Ishak and others), under Sections 376-D IPC, P.S. Tanda, District Rampur, pending in the Court of Chief Judicial Magistrate, Rampur.

It is submitted that applicant no.2 is married to O.P. no.3, but after marriage, matrimonial differences erupted leading to the institution of an F.I.R, as Case Crime no.1020 of 2011 under Sections 498-A IPC and 3/4 D.P. Act, P.S. Tanda, District Rampur against applicant no.2 and three other relatives on 15.9.2011, whereas the present prosecution by way of above complaint alleging that applicant no.2, i.e, the husband of O.P. no.3 and the real brother of applicant no.2, i.e, applicant no.1 sexually assaulted her at her house, is false, mischievous and baseless, only with a view to harass applicant no.2, so that he may come to...

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