Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5088 of 2019 Petitioner :- Harish Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Som Veer Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Vivek Varma,J.
Though, impugned FIR has been registered under Section 376 IPC but the allegation of an offence punishable under Section 376 IPC is not against the petitioner, rather, he is shown wanted for other offences. Therefore, the Court dealing with matters under Section 376 IPC, as per roster, has directed the matter to be placed before appropriate bench. Accordingly, the Registry has placed the matter before us.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 9.2.2019, registered as Case Crime No. 0024 of 2019, under Sections 120-B IPC and Section 3 of Immoral Traffic (Prevention) Act, 1956, P.S. Refinary, District Mathura.
Allegation in the impugned FIR is that the victim was called by named accused Keshav for a trip to Mathura under promise of marriage. It is alleged that she was taken to Shree Ji Guest House, situated at Kadam Vihar Township, Refinary, Mathura, where she was sexually assaulted by the accused Keshav.
Contention of learned counsel for the petitioners is that because the petitioners are stated to be owner of the said Guest House, they have been falsely implicated for offence punishable under the Immoral Traffic (Prevention) Act. It has also been stated that if two adults book a room and engage in sexual intercourse, no offence can be said to have been committed by the room provider.
Learned AGA, who appears for the respondent nos. 1 and 2, states that since disclosure of commission of cognizable offence has been made in the FIR, the matter would have to be investigated to find out the culpability of the persons involved and, therefore, it would not be appropriate to entertain the prayer of the petitioners for quashing of the FIR.
We find substance in the submission of learned AGA. Once an FIR discloses commission of cognizable offence, the matter has to be investigated to find out as to who is responsible for what offence. Under the circumstances, the prayer of the petitioner to quash the FIR cannot be accepted and is, accordingly, rejected. However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this writ petition by providing that the investigation of the aforesaid case shall continue and be brought to its logical conclusion, but, subject to co- operation of the petitioners in the investigation, they shall not be arrested in the above noted case till submission of police report under Section 173 (2) Cr.P.C.
The writ petition stands disposed off.
Order Date :- 26.2.2019/RavindraKSingh