JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Delay condoned.

2. Leave granted.

3. The appeal arises from a judgment dated 5 October 2018 of a Single Judge of the High Court of Judicature at Allahabad. The High Court dismissed an application instituted by the appellant under Section 482 of the Code of Criminal Procedure 1973¹ [“Cr.P.C.”] for quashing Criminal Case No 785 of 2018 in the Court of the Addl. Chief Judicial Magistrate (First) Ballia arising out of Case Crime No 11 of 2018 registered at Police Station Rasra, District Ballia for an offence punishable under Section 376 of the Indian Penal Code 1860² [“IPC”]. The appellant had also sought the quashing of a charge-sheet bearing charge-sheet No 94 of 2018 dated 23 April 2018 submitted under Section 173 of Cr.P.C. and the order taking cognizance dated 24 May 2018.

4. Case Crime No 11 of 2018 was registered on 18 January 2018 at Police Station Rasra, District Ballia on the basis of information furnished by the second respondent. In her complaint, the second respondent stated as follows:

“I was having affair with Shambhu Kharwar as his wife, who is also the resident of Village-Sarai Bharti, Post-Rasada, District-Ballia. I hereby give my