1. The present petition has been filled under Section 482 of Cr.P.C. to quash the impugned charge sheet No.883/2023 dated 05.02.2023 and cognizance as well as summoning order dated 11.09.2023 registered as C.I.S. No. 19710 of 2023 (State Vs. Himank Singh @ Vinay and another) arising out of Case Crime No. 0355 of 2022, under Sections 376 I.P.C. & 3/4 Dowry Prohibition Act, against the applicant no.1 and Section 3/4 Dowry Prohibition Act against the applicant no.2, Police Station-Kotwali, District-Fatehpur pending before the Court of learned Civil Judge (Junior Division)/F.T.C. (Crime Against Women) Fatehpur.
Factual Matrix
2. According to the prosecution case, applicant no. 1 developed a close relationship with the victim and established physical relations with her on the assurance of marriage. It is further alleged that when the father and brother of the victim approached applicant no. 2 for fixing the date of marriage, a demand for one car as additional dowry was raised. Due to the inability of the victims family to fulfil the said demand, the marriage was allegedly refused. The opposite party no. 2 has further alleged that the physical relationship was established on a false promise of marriage and that she was later subjected to humiliation and threats, including allegations of making her photographs and videos viral. Based on the aforesaid allegations, the opposite party no. 2 lodged an FIR against Himank Singh under Sections 376 IPC and Sections 3/4 of the Dowry Prohibition Act and against Ugendra @ Chukku under Sections 3/4 of the Dowry Prohibition Act bearing Case Crime No. 0355 of 2022 at Police Station Kotwali, District Fatehpur.
