AZIZUR RAHMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shahroze Khan, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.

(2.) This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 25.04.2019 filed in Criminal Case No.44 of 2019 under sections 376 IPC and section 3/4 of Protectionof children from Sexual Offences Act arising out of Case Crime No. 77 of 2019 (State v. Azizur Rahman), Police Station Bansi, District Siddharth Nagar pending in the Court of Additional District and Sessions Judge, Siddharth Nagar and also a prayer is made to stay the proceedings in this case till the disposal of this application.

(3.) It is argued by the learned counsel for the applicant that the daughter of opposite party no.2 is a married wife of accused applicant. In order to prove that they were married, attention was drawn to pages 65 to 67 of the paper book which contains the petition filed in Family Court of Siddharth Nagar by the daughter of opposite party no. 2 under section 125 Cr.P.C. for maintenance, in which she has stated herself to be wife of the accused-applicant. Further, it is argued that in the said proceedings, compromise was filed by the parties which is at page-76 which also indicates that they were married to each other. In the medical examination report which is annexed at page-41, the medical board has found the victim to be 17 years of age and if two years are added, she should be treated to be major. Attention is also drawn to page-37 of the paper book which is medical examination report in which it is stated that the victim herself has stated that her husband used to commit rape upon her every day. Drawing attention of the aforesaid facts, it is argued that five days after filing of compromise, a false case has been registered against the accused-applicant by the mother of the victim. The police has submitted charge-sheet without making proper investigation in this case which is nothing but a malicious one which needs to be quashed.