- (1.) Heard Sri Dhiraj Singh, learned counsel for the applicant and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C has been filed for quashing the proceedings of Case No.712/2016 (State vs. Ajeet & Others), arising out of Case Crime No.122/2015, under Section 376-D/504/506/120-B IPC, P.S. Shankargarh, Allahabad, pending in the court of Judicial Magistrate-III, Allahabad.
(3.) It is submitted that the instant FIR / charge-sheet is based on false implication, inasmuch as the sister of the applicant was initially sexually assaulted by the husband of O.P. No.2 along with two other accused persons in respect of which an FIR was lodged on 20.6.2014 as Case Crime No.150/2015, under Section 376-D/392/323/506 IPC, P.S. Shankargarh, Allahabad in which after investigation, a charge-sheet was submitted against the aforesaid accused persons. The submission further is that the informants were coercing the applicants not to give evidence and were threatening him with dire consequences, hence the applicant again lodged an FIR on 27.2.2015 as Case Crime No.26/2015, under Section 506 IPC in the same police station, but as O.P. No.2 did not achieve the desired object, she falsely implicated the the above applicant and his family members by lodging an FIR arising out of an application under Section 156(3) Cr.P.C for raping her.;