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ALLAHABAD HIGH COURT
SUNDAR CHANDEL – Appellant
Versus
State of U.P.AND ANOTHER – Respondent


Advocates:
['ANIL KUMAR', '', 'AMRESH BAHADUR TIWARI', 'G A']

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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