Amar Singh Chauhan, J. - (1.) Heard Dr. Akhilesh Kumar, learned counsel for the applicant, learned AGA for the State and Sri Ashutosh Yadav, learned counsel appearing for the opposite party no. 2.
(2.) The applicant, Dr. Deepak Sharma, through this application moved under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 31.7.2017 passed by Additional Session Judge/Fast Track Court No. 1, Agra alongwith Criminal Proceedings of Session Trial No. 176 of 2017, (State vs. Deepak Sharma), arising out of Case Crime No. 27 of 2016, under sections 313, 376, 420, 452, 504, 506 IPC, Police Station Madan Mohan Gate, Agra by which the discharge moved by the applicant was rejected and case was fixed for framing charges. It is further prayed to stay the proceedings in the aforesaid case crime.
(3.) Brief facts which give rise to the adjudication of the application are that the First Information Report was lodged on 4.3.2016 of the incident dated 01.01.2010 to 02.03.2016 with the allegation that the applicant has passed the MBBS Examination in the year 2003 and was residing in the neighbourhood of the house of the informant and indulged in sexual intercourse after developing love affair since 2003. The applicant has developed intimacy on the assurance of marriage to be solemnized with the informant. In the year 2010, the informant was occasioned to be conceived and got aborted by the applicant. In the year 2016, when the informant came to know that applicant was going to marry with Ritika Bhat she raised objection before the family members but they hurled abuses and threatened to kill her. The Investigating Officer after concluding the investigation, submitted the charge-sheet. The applicant moved discharge application which was rejected and the case was fixed for framing charges.;