Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 14833 of 2019 Petitioner :- Aneesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos. 1 & 2; and perused the record.
The instant petition seeks quashing of the FIR dated 16.05.2019 registered as Case Crime No. 0150 of 2019, under Sections 147, 323, 504, 506 & 376-D I.P.C., Police Station-Shahpur, District-Muzaffar Nagar.
The allegation in the impugned F.I.R. is that after marriage of the informant, she was harassed by her in-laws. She has also levelled allegation that on 25.01.2019 she was sexually assaulted by her Jeth (Nafees) and his brother (Mustkeem).
The contention of the learned counsel for the petitioners is that there are several litigations pending between the parties. Earlier also the victim had lodged an F.I.R. dated 08.01.2019 as Case Crime No. 0010 of 2019 at Police Station Shahpur, District-Muzaffar Nagar, in which a protection order was granted by this Court and, now, again a fresh F.I.R. has been lodged by levelling false allegations, which have no corroboration from any medical report. It has also been submitted that the F.I.R. is highly belated. It is also contended that mother of the petitioners has moved an application under the Guardian and Wards Act against the informant for taking custody of her grand children.
Be that as it may, as correctness of the allegation is not ordinarily to be tested in the writ jurisdiction, the prayer of the petitioner to quash the impugned F.I.R. cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation shall continue and brought to its logical conclusion, but, subject to petitioners' co- operation in the investigation, the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
Order Date :- 28.5.2019 Vibha Singh