Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15829 of 2019 Petitioner :- Aakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 17.5.2019 registered as Case Crime No.405 of 2019, under Sections-493 I.P.C., P.S.-Loni Border, District- Ghaziabad.
Heard learned counsel for petitioner.
Submission of counsel for petitioner is that the alleged victim is admittedly a grown up major lady and the nature of allegations, as have been made in the F.I.R., would clearly demonstrate that she was all the time an equal partner in the relationship which was said to have existed between the petitioner and her. It has also been submitted that in the F.I.R. though the allegations have been made in a wild manner but the F.I.R. itself has not been registered under any other section except Section 493 of I.P.C. and the F.I.R. in that regard runs counter to the intent of Section 198 of Cr.P.C.
Heard learned A.G.A. who has submitted that the allegations, as have been made, are of very serious nature and the mentioning of Section 493 I.P.C. is clearly a misdescription of the offence and it is a matter of investigation to find out what other offences are made out.
In reply to the contention raised by learned A.G.A., learned counsel appearing for petitioner has submitted that in such a situation like this the matter needs to be investigated and in such conspicuous background of the consensual nature of relationship a protective respite should be granted to the petitioner at least till collection of some cogent, reliable and trustworthy evidence.
After perusing the record, though this Court does not feel persuaded to quash the F.I.R. as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing but in the wake of conspicuous facts and circumstances of the case and the nature of allegations and the various contentions raised on behalf of the petitioner based on the provisions of Section-157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar vs. State of U.P.; 1994 Cr.L.J. 1981, it is directed that the petitioner shall not be arrested in above mentioned case, unless credible evidence against him is collected by the Investigating Officer during investigation.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this writ petition is finally disposed off.
Order Date :- 4.6.2019 M. Kumar