Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3226 of 2021 Petitioner :- Golu Sonkar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 27.03.2021 registered as Case Crime No.118 of 2021, under Sections 376, 504, 506 IPC, P.S. Mohammadabad, District Mau.
The allegation in the impugned first information report is that Golu Sonkar (petitioner no.1) had been sexually exploiting the minor daughter of the informant, namely, Khushboo, who is aged about 15 years, for the last one year and when effort was made to get the relationship formalised, the family members of Golu threatened the informant and raised demand for dowry.
The contention of the learned counsel for the petitioners is that the allegations are false. In fact, earlier a first information report was lodged at the instance of the petitioner no.2 against the brother of the informant, therefore false allegations have been levelled.
Whether the allegations are true or false is to be determined on the basis of material collected during the course of investigation therefore the prayer of the petitioners to quash the first information report cannot be accepted, at this stage, more so, when the allegations are in respect of sexual exploitation of a minor girl.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 25.5.2021 AKShukla/-