DHARMENDRA KUMAR Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2018-4-390
HIGH COURT OF ALLAHABAD
Decided on April 03,2018

DHARMENDRA KUMAR Appellant
VERSUS
State Of U P And 2 Others Respondents

JUDGEMENT

- (1.) Heard Sri V.K.Pathak, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
(2.) This petition has been filed by the petitioner with a prayer to quash the FIR dated 24.2.2018 registered as Case Crime No.87 of 2018, under Sections 376 I.P.C. and 3(2) (v) SC/ST Act, 1989, Police Station Gajraula, District Pilibhit.
(3.) Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that as per the statement of the prosecutrix, who is wife of respondent no.3, recorded under Section 164 Cr.P.C. there appears to be no allegation of rape against the petitioner and at the most it can be an offence under Section 354 I.P.C. etc., hence, FIR is liable to be quashed.;


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