Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24303 of 2019 Petitioner :- Divya Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Shri Gireesh Chandra Tiwari, has put in appearance on behalf of the respondent no.3. The memo of appearance filed today is taken on record.
Heard learned counsel for the petitioners, Shri Gireesh Chandra Tiwari for respondent no.3 and the learned A.G.A. appearing on behalf of the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 19.11.2019, registered as Case Crime No. 579/2019 (State of Uttar Pradesh Vs. Abhay Mishra), under Sections 364, 504 I.P.C., Police Station- Phoolpur, District- Prayagraj.
Learned counsel for the petitioners has identified petitioner Nos. 1 & 2, namely, Smt. Divya Singh and Abhay Mishra, who are present before this Court. It is submitted that petitioner No. 1 Smt. Divya Singh (wife) has voluntarily performed marriage with petitioner No. 2 Abhay Mishra (husband) without any coercion, duress or undue influence according to Hindu customs and rites. It is submitted that petitioner no.1 is major and she is living happy marital life with the petitioner no.2. Petitioner no.3 is the real sister of the petitioner no.2. Respondent no.3 is the father of the petitioner no.1 who has lodged the F.I.R. with vague and bald allegations that she was enticed away by the petitioner no.2 & 3 while she was going to attend a meeting at the police station. It is further submitted that petitioner no.1 is holding the post of Lekhpal and as such the entire allegations contained in the F.I.R. is baseless and vauge. She had performed marriage prior to the lodging of the F.I.R. on 29.06.2019. Hence, the impugned F.I.R. on the basis of false allegations, is liable to be quashed.
Per contra, learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of petitioner No.2 & 3 in the commission of the said crime. They are involved in the serious offence, hence do not deserve any indulgence.
Regard being had to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out against petitioner No.2 & 3 at this stage, hence, there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners and the learned A.G.A., we direct that the I.O. concerned shall move an application before the C.J.M. concerned for recording the statement of petitioner no. 1 (Smt. Divya Singh) under Section 164 Cr.P.C., who shall record the same. The investigating officer shall provide her full protection.
It is further directed that petitioner No. 2 & 3 shall not be arrested in the aforesaid crime till the submission of the report under Section 173(2) Cr.P.C, subject to restraint that they shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 28.11.2019 Ashok Gupta