The Allahabad High Court has stayed the ongoing rape and S.C/S.T Act case proceedings against Jaunpur resident Randheer Patel and his mother.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing an application under section 482 filed by Randheer Patel and Another.
The application under Section 482 Cr.P.C has been filed by the applicants with a prayer to quash the charge sheet dated 05.08.2023, summoning order dated 11.09.2023 and proceeding of Session Trial (State Vs Randheer Patel and another) arising out of Case under Sections 376, 504, 506 I.P.C and under Sections 3(2)V S.C/S.T Act against applicant no 1 and under Sections 504, 506 I.P.C and under Section 3(2)Va, 3(1) Da, Dha S.C/S.T Act against applicant no 2, Police Station Jorge Town, District Prayagraj, pending in the court of Special Judge (S.C/S.T Act), Prayagraj.
Main substratum of argument of the counsel for the applicants is that applicant no 1 is son-in-law of opposite party no 2 and applicant no 2 is mother of applicant no 1. Marriage of applicant no 1 with daughter of opposite party no 2 was solemnized on 17.09.2020, but on account of acrimonious relation, their marriage was not successful as a result thereof, opposite party no 2, who is mother of victim lodged F.I.R on 29.06.2023 making allegation of rape against applicant no 1, in which after culmination of investigation charge sheet has been submitted against the applicants.
It is also submitted that applicant no 1 has filed a suit under Section 9 of Hindu Marriage Act on 18.04.2023 for restitution of conjugal rights before Principal Judge, Family Court, Jaunpur which has been registered as Case, but till date his wife Shivani did not appear in the said proceeding.
Much emphasis has been given by contending that a matrimonial dispute between the parties has been given a colour of criminal proceeding.
On the other hand counsel for opposite party no 2 vehemently opposed by contending that the incident of rape had taken place on 30.06.2020 prior to marriage of applicant no1 with Shivani. So far as marriage dated 17.09.2020 is concerned, it is argued that the said marriage was solemnized under the pressure of applicants. Hence, the said marriage is no marriage in the eye of law.
Considering the facts that it is matrimonial disputed, as noted above, prima facie, matter requires consideration, the Court observed.
The Court has granted six weeks time to file counter affidavit for the Opposite parties and three weeks time to file rejoinder affidavit. List this case after nine weeks.
Until further order of the Court, further proceedings of aforesaid case against the applicants shall remain stayed, the court ordered.