Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3162 of 2021 Petitioner :- Araslan And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Virendra Kumar Jaiswal,Vinay Srivastava Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioners and learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioners for quashing the first information report dated 14.03.2021 registered as Case Crime No. 0081 of 2021, under Sections 363, 366A and 504 I.P.C, Police Station Kareli, District Prayagraj and with a further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Submission of learned counsel for the petitioners is that in first information report the main allegation of enticing away the victim has been levelled against the accused Adil, who is in jail. The petitioners are family members of accused Adil. They have falsely been implicated in the present case. Neither the petitioners helped in enticing away the victim nor they are concerned with the alleged occurrence. No offence is made out against the petitioners.
Per contra, learned A.G.A. opposed the prayer of quashing of the first information report and argued that petitioner no.1 Araslan is friend of Adil and petitioner nos. 2 & 3 are mother and sister of Adil. As per the first information report, accused Adil enticed away the victim, namely, Falak aged about 13 years. It has also been mentioned in the first information report that Araslan, who is friend of Adil, is also involved in enticing away the victim and it has been further been mentioned that when the brother of the informant went at the house of Adil and enquired about the victim then the mother and sister of Adil by using abusive language started committing marpeet with him. Petitioners are named in first information report and allegation has been made against the petitioners Araslan, who is friend of Adil and other petitioners are mother and sister of Adil. From the perusal of the first information report and allegations made in the FIR, it cannot be said that no offence is made out against the petitioners, therefore, the impugned F.I.R. is not liable to be quashed.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find any ground to quash the first information report, therefore, prayer for quashing of the F.I.R. is refused and the writ petition is dismissed.
Order Date :- 19.5.2021 Priya