Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Kunwar Sushant Prakash, learned counsel for the petitioner, Shri Anil Kumar Awasthi, Advocate, who has put in appearance on behalf of private respondent, Shri Anupendra, learned A.G.A. for the State-respondents no.1, 2 and 3 and perused the record.
Shri Anil Kumar Awsthi, learned counsel for private respondent, states that he will file his memo of appearance in the Registry during the course of the day.
This writ petition has been filed by the petitioner- Divesh Jha, with the prayer to issue a writ of certiorari to quash the F.I.R. dated 05.06.2021 bearing FIR No.0209 of 2021, under Sections 376, 504, 506, 406 I.P.C. & Section 3/4 of POCSO Act, Police Station Gangaghat, District Unnao with a further prayer to not arrest the petitioner pursuant to the impugned FIR.
It has been argued by learned counsel for the petitioner that as per medical report the victim is a major girl aged about 19 years. The victim was a consenting party and she had eloped with the petitioner and solemnized marriage on her own sweet will on 15.02.2021 according to Hindu rites. In support of his contention, he has annexed the documentary proof regarding their affairs as Annexure Nos.6, 15 and 16. He further submits that the petitioner also moved an application to Superintendent of Police, Unnao on 06.03.2021 against the illegal confinement of his wife. On coming to know about the said application, the informant forced the victim to move an application u/s 156 Cr.P.C. before the Superintendent of Police, Unnao levelling serious allegations against the petitioner, which is still pending. He further argued that when the family members of the girl were not not ready to accept the alleged relationship, the petitioner has also filed a suit under Section 9 of Hindu Marriage Act for restitution of conjugal rights on 17.03.2021. Subsequently, the impugned FIR has been lodged against the petitioner with malafide intention. The entire allegations levelled against the petitioner are absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, the impugned FIR is liable to be quashed.
Learned counsel for private respondent as well as learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submit that from a perusal of F.I.R. cognizable offence is made out against the petitioner. They further submit that when the victim was enticed away by the petitioner, she was a minor girl less than 18 years. She was also sexually exploited by the petitioner. In her statement under Section 161 Cr.P.C. she has levelled serious allegation against the petitioner, therefore, the present petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which shows cognizable offence against the petitioner, and considering the statement of the victim recorded u/s 161 Cr.P.C. in which she has levelled serious allegation against the petitioner, 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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 29.7.2021 Anand/-