ALLAHABAD HIGH COURT
SUNDAR CHANDEL – Appellant
Versus
State of U.P.AND ANOTHER – Respondent
Court No. - 82
Case :- APPLICATION U/S 482 No. - 9897 of 2022
Applicant :- Sundar Chandel
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Anil Kumar,Amresh Bahadur Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
By means of this application, applicant has prayed for quashing
the further proceedings of Sessions Trial No.753 of 2021 (State
Vs. Sundar Chandel) under Sections 376 ad 506 I.P.C.,
P.S.Loni, district-Ghaziabad pending before District & Sessions
Judge, Ghaziabad and further be pleased to quash the
summoning order dated 22.11.2021 passed in the aforesaid
case.
Learned counsel for applicant submits that the applicant an
accused was in consensual relationship with the victim and
when certain dispute occurred, she lodged an F.I.R. against the
applicant under Section 376 and 506 I.P.C. It is not in dispute
that the complainant/victim has supported her case under
Section 164 Cr.P.C. and after investigation charge-sheet has
been filed.
Learned counsel for applicant has relied upon judgments
passed by Supreme Court in Sonu @ Subhash Kumar Vs. State
of Uttar Pradesh & Anr, 2021 0 Supreme (SC) 1
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