Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 10535 of 2018 Petitioner :- Dinesh Kumar Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ray Sahab Yadav,Janardan Prasad Patel Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 1028 of 2017, under Section- 366, 376, 313, 506 IPC and Section 3(2)(V) of SC/ST Act, Police Station Mungara Badshahpur, District Jaunpur.
Perusal of record shows that even though petitioner has been named in the present case, however, the first informant is a consenting party; earlier some dispute had arisen between them and FIR was lodged in Case Crime No. 535 of 2017, under Section 496 and 506 IPC, Police Station Kakiadev, District Kanpur City; as per statement recorded under Section 164 Cr. P.C. wherein she has stated that she ran away with the petitioner and married out of their own sweet will without any fear, threat or coercion and they are living together happily as husband and wife, much reliance in this regard has been placed on the contentions as made in para 15 of the writ petition; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties , we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 25.4.2018 T.S.