IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.3831 OF 2025 (@ SPECIAL LEAVE PETITION (CRL.) NO. 11642/2019)

PRADEEP KUMAR KESARWANI APPELLANT(S)

VERSUS THE STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)

O R D E R

1. Leave granted.

2. It has been brought to our notice that the respondent no.2 declined to accept the notice issued by this Court. This is what the office report also indicates.

3. This appeal arises from the order passed by the High Court of Judicature at Allahabad dated 12.09.2019 in Application under Section 482 No.-12607 of 2016 by which CHANDRESH Date: 2025.09.08 Reason:

the petition filed by the appellant herein seeking to quash the summoning order dated 25.08.2015 passed by the Additional Chief Judicial Magistrate, Court No.8, Allahabad came to be dismissed.

4. The facts giving rise to this appeal may be summarised as under:-

(I) The respondent no.2 herein-the original complainant/victim lodged a private complaint in the Court of Additional Chief Judicial Magistrate, Allahabad on 11.08.2014 for the offence alleged to have been committed sometime in 2010. The complaint came to be lodged for the offence punishable under Sections 323, 504, 376, 452, 377 and 120B of the Indian Penal Code, 1860 (for short, “the IPC”) respectively and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, “the Atrocities Act”).

(II) At the time of filing of the complaint the same was was labelled as an application under Section 156(3) of the Criminal Procedure Code, 1973 (for short "the CrPC"). The complaint reads thus:-

1. That the applicant is a resident of above address and is a poor student of Scheduled Caste. The respondent No.1 Pradeep Kumar Kesharwani got the applicant enticed under a conspiracy with his influence and raped her and got a video clip made due to which he continued raping her.

2. That the applicant had been studying in the Allahabad University, Allahabad since 2010 and at the same time she was preparing for SSC from Krishna Coaching Institute. In the said Coaching Centre the respondent No.1 was also taking coaching, and he developed friendship with me. Thereafter he started coming to my room also and all of a sudden he tried to outrage my modesty one day and even on my objecting he did not stop and he tore my clothes and raped me. When I started weeping and said that I will lodge complaint in the police then he said by showing video clipping that if you will make complaint in the police then I will upload this nude photograph on internet and then whole of the world will see this.

3. That the applicant got very disturbed and could not understand what to do. Then he said that he will marry me and is accepting me as wife from today but I should not disclose about the incident to anyone.

4 . That the applicant accepted the same with heavy heart and seeing no way, I thought that when the respondent no. 1 has raped me then why I should not marry him and then being compelled I started living with him as wife and the crooked Pradeep continued raping and not only this he even committed rape in unnatural manner.

5 . In the meantime I got pregnant in the Year 2011. Then I asked him that now you are going to become a father, so marry me otherwise I cannot show my face to the people. With this talk the respondent no.1 got annoyed and started me abusing filthily that I will not marry now. This is not time for marriage and even after my resistance he gave me medicine of abortion due to which my child got aborted.

6 . That in the year 2011 the respondent no.1 Pradeep Kesharwani got a job in a private company N.J. Wealth Advisor Company in district Faridabad and he joined there and he used to come to me in a week or two. In the meantime my parents started searching a match for me for my marriage, then I got perplexed but with courage I told them the entire story then my parents got very annoyed with me and they started me rebuking but after considering the ma