Advocates:
['SHEKHAR GANGAL', 'G A', '', 'PANKAJ SRIVASTAVA']

1

Reserved on 27.11.2021

Case :- APPLICATION U/S 482 No. - 17023 of 2021

Applicant :- Pramod

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Shekhar Gangal

Counsel for Opposite Party :- G.A.,Pankaj Srivastava

Hon'ble Rajeev Singh,J.

1.

Heard Shri Anoop Trivedi, learned Senior counsel assisted by Shri

Shekhar Gangal appearing for the applicant, Shri Munne Lal, learned A.G.A.

for the State and Shri Ganesh Shankar Patel holding brief of Shri Pankaj

Srivastava, learned counsel for the opposite party No.2, and perused the

record.

2.

The present application has been filed for quashing the charge sheet

dated 23.06.2020 and supplementary charge sheet dated 20.11.2020 arising

out of Case Crime No.218 of 2020, under Sections 323, 504, 506, 352, 354B

I.P.C., Police Station Khair, District Aligarh, along with the entire

proceeding of Case No.377 of 2020 (State of U.P. vs. Pramod and Others) as

well as order dated 28.01.2021 passed by learned Judicial Magistrate, Khair,

Aligarh.

3.

Learned counsel for the applicant submitted that on the basis of

hypothetical facts, the F.I.R. in question was lodged by the prosecutrix with

the allegation that on the date of inc