JUDGMENT :

1. The instant application under Section 482 Cr.P.C. is connected with Criminal Misc.Bail Application No. 19065 of 2023 vide order dated 22.5.2023 passed by this Court in the above noted Criminal Misc. Bail Application.

2. From the order dated 22.5.2023 passed in Criminal Misc.Bail Application No. 19065 of 2023 it reflects that this Court directed the office to place the above noted Criminal Misc.Bail Application along with the instant application before Hon'ble the Chief Justice for nomination so as both the matters may be heard together.

3. In view of the orders dated 22.5.2023 and 26.7.2023 passed by this Court in Criminal Misc.Bail Application No.19065 of 2023 both the matters including the instant application were placed before Hon'ble the Chief Justice for nomination and vide order dated 2.8.2023 both the matters were nominated to this Bench and, therefore, the instant application and Criminal Misc.Bail Application No. 19065 of 2023 were heard together and separate order has been passed in Criminal Misc.Bail Application No. 19065 of 2023.

4. Heard Sri Kamal Krishna, learned Senior Advocate, assisted by Sri Awadhesh Kumar Saxena, learned counsel for the applicant, Sri Santosh Kumar Pandey, learned counsel for the informant and Dr.S.B.Maurya learned AGA-I, for the State.

5. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings pursuant to the charge sheet No 138 of 2019 dated 17.4.2019 as well as cognizance order dated 25.4.2019 passed by Chief Judicial Magistrate, Farrukhabad arising out of Case Crime No. 0597 of 2018, under Sections 376 and 506 IPC, Police Station Fatehgarh Kotwali, District Fatehgarh.

6. From the record it reflects that pleadings have been exchanged, therefore, instant application is being finally disposed of.

FACTUAL MATRIX:

8. On 24.7.2018 opposite party no.2 lodged FIR of the present case against the applicant, who is her 'Dever' (brother-in-law) under Sections 376 and 506 IPC. According to the FIR, the husband of opposite party no.2 expired on 29.7.2017 and after his death applicant , i.e., brother of her husband tried to develop physical relationship with her and due to the conduct of applicant and his parents, opposite party no.2 returned to her paternal home on 8.7.2018 and on 9.7.2018 at about 4.00 AM in the morning applicant arrived at her paternal home and proposed her and thereafter he induced her to smell some substance and thereafter committed rape with her and when informant gained consciousness then found that after committing rape with her, applicant was sleeping on the same bed and when informant (opposite party no.2) made complaint to him then applicant stated, he has prepared the clip of rape and if you made complaint then he will post the same on social media. It is further mentioned in the FIR that although applicant went next day but on the basis of video clip he again committed rape with her. It is further mentioned in the FIR that applicant committed rape with the informant, i.e., her 'Bhabhi' under the false promise of marriage and refused to perform marriage with her.

9. After registration of the case investigation was started and during investigation Investigating Officer recorded the statement of the prosecutrix, i.e., informant (opposite party no.2) under Section 161 Cr.P.C. in which she reiterated the version of the FIR and after that statement of the informant (opposite party no.2) was recorded by the Magistrate under Section 164 Cr.P.C. The prosecutrix in her statement recorded under Section 164 Cr.P.C. also reiterated the version of the FIR. From the record it further reflects that during investigation Investigating Officer also recorded the second statement of the informant (opposite party no.2) under Section 161 Cr.P.C. and made a query that as per allegation applicant also prepared videographs of the prosecutrix and what was the mobile number. On query, prosecutrix replied to the Investigating Offic