Court No. - 91

Case :- APPLICATION U/S 482 No. - 5820 of 2022

Applicant :- Himanshu Shakya

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Rakesh Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Mukesh Prasad Singh holding brif of Sri Rakesh

Kumar Yadav, learned counsel for the applicant, learned A.G.A.

for the State-respondent and perused the record.

This application under Section 482 Cr.P.C. has been filed for

quashing the chargesheet dated 10.04.2021 and cognizance

order dated 09.07.2021 in Case No.1128 of 2021 (State vs.

Himanshu Shakya) arising out of case crime no.221 of 2020,

under Sections 376, 292, 420 and 506 I.P.C. and Section 66(E)

Information Technology (Amendment) Act, 2000, P.S.

Barnahal, District Mainpuri.

Learned counsel for the applicants submitted that entire

allegations made against the applicant in the F.I.R. are totally

false. Actually opposite party no.2 is wife of the applicant and

she is major. As there is dispute between husband and wife,

therefore, F.I.R. was lodged against the applicant and from the

wedlock of applicant and opposite party no.2 a child was born

which is more than 8