The court held that an FIR does not become void due to the victim's retraction of support, and the authority to amend charges is retained by the trial court during the charge framing stage.

JUDGMENT :

PRAVEEN KUMAR GIRI, J.

1. Heard Shri R.R. Shukla, Advocate holding brief of Shri Dinesh Singh, learned counsel for the applicants and Shri Pankaj Kumar Tripathi, learned AGA for the State.

2. Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.

3. The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present criminal application and quash the summoning order dated 28.05.2024 passed in Criminal Case No. 157 of 2024 for the offences under Section 354A, 504 and 506 Indian Penal Code pending before the Court of Civil Judge, Junior Division FTC/offences against woman, Mirzapur and also quash the further proceedings Criminal Case No. 157 of 2024 emanating from Charge Sheet dated 29.01.2024 arising out of Case Crime No. 369 of 2023, PS- Kotwali Chunar, Mirzapur, for the offences under Section 354A, 504 and 506 Indian Penal Code pending before the Court of Civil Judge, (Junior Division) FTC/offences against woman, Mirzapur, otherwise the applicants shall suffer irreparable loss and hardship."

4. Learned counsel for the applicants submits that opposite party No.2 lodged the First Information Report (F.I.R.) with allegations of molestation and making indecent comments against her, who is a lady. On the facts so alleged in the First Information Report, the F.I.R. was registered as Case Crime No. 369 of 2023, Police Station Kotwali Chunar, Mirzapur, under Section 354A, 504 and 506 of the Indian Penal Code.

5. Learned counsel for the applicants further submits that the victim, i.e. opposite party No.2, in her statements recorded under Sections 161 and deposition recorded under Section 164 Cr.P.C., has not supported the version of the F.I.R. However, after investigation, the police has submitted charge-sheet under Sections 354A, 504 and 506 I.P.C. against the applicants. Learned counsel for the applicants further submits that the present case is a counter blast, as disciplinary proceedings had earlier been initiated against the opposite party No.2 (Victim) by the department.

6. Per contra, learned A.G.A. submits that the F.I.R. is not an encyclopedia. Therefore, the victim, i.e. opposite party No.2, has disclosed other facts which occurred with her at a later stage and the charge-sheet has been submitted in accordance with law and the learned Judicial Magistrate has taken cognizance on the sections mentioned in the charge-sheet.

7. On perusal of the record, it transpires that the learned Magistrate has taken cognizance on the charge-sheet as per law and if no offence is made out under the sections mentioned in the charge-sheet, the same can be examined at a later stage, as remedy is available to the accused under Section 239 Cr.P.C. (corresponding Section 262 B.N.S.S.) at the stage of framing of charges, where the accused shall be provided an opportunity of hearing. Thus, quashing/setting aside the cognizance order amounts to discharge at an early stage and adding or subtracting, excluding or including any section also amounts to alteration of charge for which an appropriate stage is provided under Sections 216 , 218 and 221 Cr.P.C. (corresponding Sections 239 , 241 and 244 B.N.S.S.) for alteration of charge, separate charge for distinct offence and cases where it is doubtful as to what offence has been committed. The provisions mentioned in Section 216 , 218, 221 Cr.P.C. (corresponding , 241, 244 BNSS ) delineated below:

" Section 216 Cr.P.C., Court may alter charge- (1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court,