JUDGMENT :

RAJEEV SINGH, J.

1. Heard learned counsel for the applicant as well as learned A.G.A. for the State.

2. The present application has been filed for quashing the order dated 16.03.2023 in Criminal Case No. 1428 of 2023 arising out Case Crime No. 0040 of 2023 U/s 376, 506 I.P.C. Police Station-Kurwar, District-Sultanpur as well as charge-sheet filed by police in Case Crime No. 40 of 2023 and entire proceedings of Crl. Case No. 1428 of 2023.

3. Learned counsel for the applicant submits that it is a case of extra marital relations which were done with the consent of victim. He further submits that when mobile phone of the victim was caught by her husband then, under pressure, she lodged F.I.R. against applicant. During the course of investigation, her statement U/s 161 as well as 164 Cr.P.C. was recorded, in which, she stated that applicant was usually making physical relations with her by giving life threat of her family members. He further submits that one day her husband caught her mobile phone then she narrated the entire story to him, thereafter, F.I.R. in question was lodged against applicant. It is next submitted that this is highly improbable that the charge-sheet was filed by Investigating Officer without conducting the detail investigation as well as without considering call detail records. It is, thus, submitted that only with the intention to blackmail the applicant, F.I.R. in question was lodged, therefore, kind indulgence of this Court is required.

4. Learned A.G.A. opposes the prayer of applicant but he does not dispute this fact that victim, in her statement recorded U/s 161 as well as 164 Cr.P.C. stated that under pressure of life threat which was given by applicant, she was making physical relations with applicant and when one day her husband caught her mobile phone then she narrated all the incident to him.

5. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of the petition including the statement of the victim recorded U/s 161 as well as 164 Cr.P.C. the matter requires consideration.

6. Issue notice to respondent no. 2.

7. List this case on 18.09.2023.

8. Till the next date of listing, no coercive steps shall be taken against the applicant.