Point of Law : If a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding.

JUDGMENT :

1. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet no. 40 of 2022 dated 28th September, 2022, cognizance taking order dated 15th November, 2022 as well as entire proceedings of Special Trial No. 1191 of 2022 (State VS. Rajesh Kumar Giri), arising out of Case Crime No. 166 of 2021, under Section 354-A, 504, 506 I.P.C. as also under Sections 7/8 POCSO Act, Police Station-Khakheru, District-Fatehpur, pending in the Court of Additional Sessions/Special Judge (POSCO Act), Fatehpur.

2. Heard Mr. Dipak Srivastava, learned counsel for the applicant and the learned A.G.A. for the State.

Case of the Applicant

3. Father of the applicant, namely, Bholi Giri is a farmer and social person in his locality. The complainant was village pradhan of the applicant’s village for the period between 2011 to 2015. When the complainant was village pradhan he embezzled public money qua development work of village against which the father of the applicant, namely, Bholi Giri has made complaint against him before the administrative authority of the district. When no action has been taken on the said complaint, Bholi Giri filed a PIL before this Court bearing P.I.L. No. 29962 of 2015 in which this Court has passed order on 21.05.2015 directing Bholi Giri to make an application before the District Magistrate, Fatehpur, who inturn was directed to pass such orders in accordance with law thereon. Pursuant to the above order of this Court Bholi Giri filed an application before the District Magistrate Fatehpur for its compliance, but no action has been taken due to political power of complainant/opposite party, namely, Dhram Singh Pal. On 29th June, 2015, Bholi Giri preferred an application under Section 156 (3) Cr.P.C before concerned court below qua development work in the village against complainant, who was holding the post of pradhan. The complainant had harboured enmity with applicant’ family because he has been defeated in the election of 2015 as Bholi Giri has strongly opposed his candidature as Pradhan and supported his opponent.

4. The Complainant himself went into house of applicant on 08.07.2021 for taking revenge along with his companions, when he did not find any male person, he disrobed the sister of applicant forcefully. Just after knowing such incident with her daughter, applicant’s father went to the Police Station on the same day i.e. 8th July, 2021 for lodging the FIR against the complainant and his companions but the Police has not lodged the report. After that, Bholi Giri made an application before the higher Police Officers through registered post on 16th July, 2021, on which again nothing has been done. On one hand the report of Bholi Giri has not been lodged whereas on the other hand under the pressure of present village Pradhan, namely, Lal @ Durga Paswan, the FIR of complainant has been lodged against the applicant i.e. son of Bholi Giri with false and frivolous allegations, as he has concerned with the allegations made in the FIR.

5. Version as unfolded in the FIR is that on 8th July, 2021 at 06:00 p.m. (evening) when the daughter of the complainant (for short “victim”) aged about 13 years was returning her home with buffaloes from the field, then on the way, he caught her hand and started bad talking and molesting her with bad intentions. When she protested he abused her by saying as to why she did not talk with him. When the victim came to her house and disclosed entire incident to the complainant and his wife, he went to the house of the applicant along with his wife, where the applicant also abused and threatened them.

6. Initially the Police has deliberately lodged the FIR in wrong sections of the provisions POCSO Act but on the notice being issued by the Additional District Judge/Special Judge (POCSO Act), Fatehpur, the FIR has been lodged under Sections 7/8 POCSO Act also along with other charging sections.

7. During the course of investigation the statement