Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Mohd. Shadab Khan, learned counsel for the petitioner, Smt. Smiti Sahay, learned A.G.A. for the State-respondents no.1 and 2 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner- Ameeruddin with a prayer to issue a writ in the nature of certioari to quash the impugned FIR dated 19.07.2021 bearing FIR No.0232 of 2021, under Sections 354, 452 and 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences, Act, 2012 with a further prayer not to arrest the petitioner in pursuance of the impugned F.I.R.
It has been argued by learned counsel for the petitioner that there was a dispute between the parties with regard to road for egress and ingress due to which a civil suit bearing Regular Suit No.312 of 2013 has been instituted before the Civil Judge (Junior Division), by the father of petitioner against the mother of respondent no.3 and another, which is still pending, copy of which is annexed as Annexure 5 to the petition. He next argued that a compromise was entered into between the parties, copy of which is annexed as Annexure 6 to the petition. He next argued that earlier a complaint was made by the petitioner against parents and brothers of respondent no.3 and in retaliation to the same the impugned FIR has been lodged against the petitioner just for pressure tactics as no such incident has taken place as alleged in the FIR. The entire allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioner is named in the FIR and the statement of the victim has also been recorded under Section 164 Cr.P.C. in which she has supported the allegations made in the impugned FIR. Moreover, the victim is minor child aged about 14 years. She next argued that the impugned F.I.R. clearly discloses a cognizable offence against the petitioner, and therefore, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that cognizable offence is made out against the petitioner, as well as considering the fact that the victim is minor girl, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 19.8.2021 Anand/-