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Anshul Sharma @ Ashu & Anr. vs. State of U. P. & Anr. (SC)

54.00 5.40

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Penal Code, 1860–Secs. 363 & 366 [ Corresponding Secs. 137(2) & 87 of BNS, 2023 ]–Criminal proceedings–Sustainability–The so called victim has married the appellant no. 1–Earlier, they filed a criminal writ petition, which was dismissed for non-prosecution, but this fact is apparent from the order that the victim is the wife of appellant no. 1–That order shows that the allegations against the appellants herein were frivolous and vexatious, and no offence as alleged u/ss. 363 & 366 IPC has been made out–High Court ought to have allowed the petition for quashing the complaint.