- (1.) Heard Sri Abhishek Srivastava, learned counsel for applicants, Sri Ashok Kumar Dwivedi learned counsel for opposite party no.2, learned A.G.A. for State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 17.9.2017 and criminal proceedings of Case No.1318 of 2018 (State Vs Sanjeev @ Puneet Chaurasiya and another) under sections 354 , 504 , 376 , 120-B IPC, arising out of Crime No.95 of 2017, P.S. Sidhari, District Azamgarh.
(3.) Learned counsel for applicants contends that applicants have been falsely implicated in highly belated F.I.R. lodged after a period of about one year from the alleged incident; that as per averments made in F.I.R. lodged by opposite party no.2, her daughter Priya was called by applicants on the pretext of providing her admission in nursing course at Varanasi and on such assurance, opposite party no.2 sent her daughter with applicant nos.1 and 2 and when she did not come back, her relative informed her that she is staying with her and will be sent next day, but when she did not return till one week, opposite party no.2 and his relatives went to the place of applicants and found prosecutrix weeping, who disclosed that applicant no.2 is pressurizing her for making marriage with applicant no.1 and they have also obtained her signatures on plain papers and told her that she has become wife of Sanjeev and also made obscene activities outraging her modesty and taken her photos by mobile and also threatened that if she refused to make marriage with him, they will defame her and cause death of her family members; that entire prosecution story is absolutely false and concocted; that the daughter of opposite party no.2 eloped with applicant no.1 out of her sweet will and they made marriage in temple and also got the marriage registered; that after lodging of F.I.R. by opposite party no.2, applicant no.1 and daughter of opposite party no.2 filed Criminal Misc. Writ Petition No.18176 of 2017 for quashing of F.I.R. and this Court vide order dated 7.9.2017, refusing to quash F.I.R., granted them protection till submission of charge sheet, copy at Annexure No.8; that Investigating Officer without properly investigating the matter has submitted charge sheet against applicants under sections 354 , 506 , 376 , 120-B IPC; that Investigating Officer did not take into consideration the marriage certificate copy at Annexure No.9 with regard to moving of application for marriage registration dated 27.5.2016 regarding marriage in temple on 1.5.2016; that applicant no.1 has also filed a petition under section 9 of Hindu Marriage Act for Restitution of Conjugal Rights against his wife Priya, daughter of opposite party no.2; that after submission of charge sheet, applicant no.1 moved another application to S.P. Azamgarh, who has ordered for further investigation with regard to marriage certificate provided by applicant no.1; that from above facts, it is very much clear that Priya, daughter of opposite party no.2 is legally wedded wife of applicant no.1 and no offence under sections 354 , 504 , 376 , 120-B IPC is made out against any of the applicants; that in F.I.R., there is no whisper of offence under section 376 IPC and the statements of prosecutrix under sections 161 and 164 Cr.P.C. may not be relied wherein upon tutoring she has also made allegations of rape against applicant no.1; that the prosecution of applicants is nothing but only abuse of process of Court and in order to secure the ends of justice, proceedings of criminal case, are liable to be quashed.;