Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23059 of 2018 Petitioner :- Abhijeet Kumar Vishwas Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivajee Singh Sisodiya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.S.Sisodiya, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 11.8.2018, registered as case crime No1084 of 2018, under Sections 323, 376 I.P.C. and 3(2) (V) SC/ST Act, P.S. Baradari, District Bareilly.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that admittedly respondent no.4 is a major girl and it is stated that she established some relationship with the petitioner and thereafter the marriage of petitioner and respondent no.3 was solemnized with some one else and thereafter the impugned FIR has been lodged by respondent no.3 against the petitioner after six years of the incident in order to extract money from the petitioner levelling absolutely false and frivolous allegations though no offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018/NS