High CourtsSingle Bench(2022) 07 CHH CK 0052

Sudhanshu Yadav vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 22 July 2022

HON’BLE JUDGES
Goutam Bhaduri, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition No. 1159 Of 2022

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Judgment

6 paragraphs · 334 words

Heard.

1.

The present petition is to quash the FIR 1 of 2022 dated 04.02.2022 registered at Police Station AJAK, Surajpur, District Surajpur (C.G.) lodged against the petitioner.

2.

The FIR purports that one Osama Khan enticed away the minor girl and knowing fully well the girl is a minor sexually exploited her on the pretext of marriage. Subsequently, certain money was also obtained by Osama Khan from the victim on some pretext or the other. Thereafter, the present petitioner joined and also took certain money on the ground that they want to do the business of sale of dog. The FIR further purports that subsequently when the mother of the victim fell ill she demanded the money back which was given to the present petitioner, the same was denied. It is also alleged that the present petitioner took the minor girl to his house on some pretext or the other and where the other co-accused committed sexual intercourse with her.

3.

Learned counsel for the petitioner would submit that the petitioner has been falsely implicated and the entire allegation is attributed to one Osama Khan, therefore, since no allegation is made against the present petitioner and the allegation of sexual exploitation is on Osama, the FIR against the petitioner may be quashed.

4.

Having heard learned counsel for the petitioner, the FIR is perused. The perusal of the FIR would show that the allegations have been made that the present petitioner enticed away the minor girl to his house and thereafter one of the other co-accused committed sexual intercourse. It further alleges that on some pretext or the other by playing fraud, she was made to pay certain amount.

5.

Taking into the entire facts situation of the case and the fact that the victim is a minor, I am not inclined to quash the FIR as it would amount to strangulate the investigation at the inception. Accordingly, the petition being devoid of all merits is liable to be and is hereby dismissed.