MANJU RANI CHAUHAN,J. - (1.) The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 1/2019 dated 5th January, 2019 and Cognizance taking order dated 19th July, 2019 passed in Criminal Case No. 3374 of 2019 (State Vs. Arvind and Others), under Sections 323, 504, 506, 376, 377 and 420 I.P.C., Police Station-Surajpur, District-Gautam Budh Nagar, arising out of Case Crime No. 940 of 2018, under Sections 323, 504, 506, 376 and 377 I.P.C., Police Station-Surajpur, District-Gautam Budh Nagar, pending in the Court of Additional Chief Judicial Magistrate, Gautam Budh Nagar. The applicants have further prayed for stay of the aforesaid criminal proceedings during the pendency of the present application.
(2.) Heard Mr. Ranjit Saxena, learned counsel for the applicants, Mr. Daya Shanker Pandey, learned counsel for opposite party no.2 and Mr. Pankaj Srivastava, learned A.G.A. for the State as well as perused the entire material available on record.
(3.) On the matter being taken up, on 19th October, 2019, a Coordinate Bench of this Court passed following order: "Heard Sri Ranjit Saxena, learned counsel for the applicants, Sri Attreya Dut Mishra, learned A.G.A. appearing for the State and perused the record. This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet no. 1 of 2019 dated 05.01.2019 as well as cognizance order dated 19.07.2019 filed in Crl. Case No.3374 of 2019 (State vs. Arvind and others) under sections 323, 504, 506, 376, 377, 420 IPC arising out of Case Crime No.0940 of 2018, Police Station Surajpur, District Gautambudh Nagar and also to quash the entire proceedings of the aforesaid case and also a prayer is made to stay the proceedings in this case till the disposal of this application. It is argued by the learned counsel for the applicants that the applicants have been falsely implicated by the opposite party no. 2. She has falsely implicated the other persons also by blackmailing them as it is her habit. She has disclosed her age to be different as one place she has disclosed her age to be 33 years and at another place to be 27 years. She is a fraud lady. She had tried earlier to blackmail the applicants regarding which the applicants had lodged FIR through an application under section 156(3) Cr.PC, copy of which is at pages 44-47 of the paper book. She had also refused herself to be medically examined which is evident from the report of Samudaik/Prarthamik Swasth Kendra, Gautambudh Nagar, copy of which is annexed at page-124 of the paper book. These aspects have not been taken into consideration by the Investigating Officer of this case and has filed charge-sheet in a routine manner, which is nothing but an abuse of the process of the Court. He has relied upon the judgments of Supreme Court rendered in Dhruvaram MurlidharSonar vs. State of Maharasthra and others,, Subhash Kashinath Mahajan vs. State of Maharashra and others, and Hem Raj vs. State of Haryana,. Learned counsel for the applicant has also argued that the accused-applicant no. 1 is suffering from kidney ailment and is on dialysis which is being done thrice in a week. Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings and has brought to the notice of the Court that in the statement of the victim recorded under section 164 Cr.PC. which is annexed at page-128, she has clearly supported the prosecution version by saying that she had met the applicant no.1 about 2 1/2 years ago at Sector 12, Noida for the purposes of getting job and during this period both of them developed nearness to each other and the accused had promised that he would marry her and under that promise, he continued to establish physical relationship with the victim against her wishes. Unnatural sex was also done with her. She used to work and all the money was taken by the applicant no. 1 by deceiving her. Subsequently, she came to know that he was a married man and keeping her in dark, she was being physically exploited. I have gone through the FIR, in which the opposite party no. 2/victim has stated that she resides in Noida. About two years ago, the accused-applicant no. 1 had met her in Greater Noida in Designer Arch and during this period, he proposed to marry her and started coming to her flat. One day he had established physical relationship with her after assuring her that he would marry her and thereafter when she told the accused to marry her, he used to avoid and under false promise that he would marry her, he continued to commit rape upon her. He used to tell her that both his kidneys are dis-functional and if she leaves him, he would die and by saying this, he used to blackmail her and also used to commit unnatural sex. She did not know that he was already married. She used to give the entire salary to the accused-applicant no.1. Thereafter, when she became jobless in the year 2018, she brought some money from her father and opened a Cafe in Sector 62. When she asked for the money which was given to the accused to be returned, he refused and when she threatened that she would make complaint to the police in this regard, out of Rs.four lacs, which was given to him, about Rs.one lac and fifty thousand was given back to her through cheque. Rest of the money, she has taken from her father and thereafter the accused started running cafe with her, telling the people that they were husband and wife. He continued to have physical relationship with her despite resistance. She kept quiet but on 15.09.2018, when she called him on phone, she heard voice of some lady at the other end and when she reached the home of the accused-applicant no.1, she found that the accused-applicant no. 1 was a married person. Thereafter, the father of the applicant no. 1 had given her threat to kill her and also abused her. Thereafter, she called the police at 100 number and the police had picked up the accused-applicant no.1 and had also asked the opposite party no. 2 to show the place where she was raped in Noida. When she came to the police station Surajpur and gave an application, the accused-applicant was called there and then he fell on the feet of the opposite party no. 2 and told her that he would keep her properly and that he should be excused and feeling pity upon him, the accused was got released from there. When the opposite party no. 2 reached her home, the father of the accused-applicant no.1 Prem Pal Singh started abusing her and stated that he would not return her money nor his son would keep her and one of his friend Neeraj had also threatened to kill her. One Vipin and Kishan Kant had also abused and threatened that her life would be spoiled. Matter requires consideration. Learned A.G.A. has accepted notice on behalf of opposite party no. 1. Issue notice to opposite party no. 2 returnable within four weeks. Both the opposite parties shall file counter affidavits by the next date. List this case on 06.12.2019. Till then no coercive action shall be taken against the applicants in the aforesaid criminal case subject to the law laid down by Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation,2018 SCCOnline(SC) 310." ;