Paras Pal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant-accused has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Code”) to quash the charge-sheet, cognizance order dated 26.07.2021 and the entire proceedings of Special Sessions Trial No. 97 of 2021, “State of Uttarakhand vs. Paras and two Others”, pending before the Court of Additional Sessions Judge/F.T.S.C., Haridwar qua the applicant.

In short, the case of the prosecution is that on 28.05.2021 at around 1:00 a.m., co-accused Shahrukh and his friend had enticed the 16 year old daughter of the informant (PW3) and taken her with them. The First Information Report was lodged against Shahrukh and one unknown person. The prosecutrix was medically examined by the prosecution’s witness Dr. Alpana Khare (PW2). Upon conclusion of the investigation, a charge-sheet was filed against the present applicant and two co-accused persons. Learned Special Judge took cognizance under various offences against all the three accused persons. Cognizance was taken against the present applicant for the offence under Sections 376 (2) (n), 376(3), 120B of the Indian Penal Code, 1860 and Section 5 (l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Charges were framed.

The applicant-accused pleaded innocence.

Heard Mr. Tapan Singh, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Tapan Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. The alleged victim and her father have not supported the prosecution case.

PW1- the prosecutrix, aged about 17 years, has not made any statement against the present applicant-Paras Pal in her examination-in-chief. It has been stated by her that the applicant-Paras never did anything wrong to her. Prosecutrix’s father and the informant of this case (PW3), has also not supported the prosecution case.

Section 482 of the Code clothed with inherent power to make such orders as may be necessary for the ends of justice. The inherent powers of the Court can be invoked in three situations indicated therein, namely, (i) in order to give effect to an order passed under the Code, or (ii) to prevent abuse of process of the Court, and, (iii) to secure the ends of justice. This power should be exercised in appropriate cases to do real and substantial justice.

Learned counsel appearing for the State has opposed the submissions of Mr. Tapan Singh, Advocate. However, he has conceded that the prosecutrix and her father did not support the prosecution.

In the present matter, even if the evidence of the prosecutrix and her father are accepted in their entirety do not constitute any offence or make out a case against the present applicant.

Consequently, the Application, filed under Section 482 of the Code, is allowed. The charge-sheet, filed against the present applicant, cognizance, taken by learned Special Judge against the present applicant on 26.07.2021 and the entire proceedings of Special Sessions Trial No. 97 of 2021, “State of Uttarakhand vs. Paras and two Others” pending before the Court of Additional Sessions Judge/F.T.S.C., Haridwar, are quashed qua the present applicant, namely, Paras Pal.