Ishwar Chand Sharma vs State Of U.P

The appellants (husband, mother-in-law, sister-in-law, and brother-in-law of the complainant) challenged the Allahabad High Court's refusal to quash criminal proceedings arising from a complaint filed by the complainant alleging that appellant No.1 (the father) and appellant No.4 (the uncle) had raped the minor prosecutrix (their daughter/niece), and that appellant Nos.2 and 3 had abused and assaulted her. The appellants contended that the complaint was a counterblast to a long history of cross-litigation, that the allegations were vague and unsupported by medical evidence, and that the prosecutrix had been tutored. The High Court had declined to quash the proceedings, finding prima facie triable issues based on the statements of the complainant and prosecutrix under Sections 223 and 225 of the BNSS, and directed appellant Nos.3 and 4 to seek discharge before the trial court. The Supreme Court granted leave and stayed further proceedings in Complaint Case No.05/2025 pending the appeal, but had not yet delivered a final ruling on the merits as of the judgment text provided.

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