Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7930 of 2018 Petitioner :- Chanda And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Swetashwa Agarwal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Swetashwa Agarwal,learned counsel for the petitioners, Sri Vikas Sahai,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 petitioners with a prayer to quash the FIR dated 26.2.2018 registered as Case Crime No.51 of 2018, under Sections 366, 342, 506 I.P.C., Police Station Bindki, District Fatehpur.
Learned counsel for the petitioners submits that the petitioner no.1 is admittedly a major girl aged about 29 years and she is presently working as Nurse at Rajkiya Ayurvedic Chikitshalay, Bindki Fatehpur. He further submits that petitioner no.1 had developed some relationship with petitioner no.3 who was having some matrimonial dispute with his wife. The petitioner no.2 is sister of petitioner no.3. He next argued that earlier, an FIR was lodged by petitioner no.1 against petitioner no.3 for the offence under Section 376 I.P.C. in which he has already got himself bailed out. Subsequently, respondent no.3 who is brother of petitioner no.1 has lodged the impugned FIR against the petitioner nos. 2 &3 for enticing the petitioner no.1. The allegation levelled against the petitioner nos. 2 and 3 is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 30.3.2018/NS