Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10812 of 2018 Petitioner :- Hawaldar @ Ghoghe And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kripa Shanker Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kripa Shanker, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 13.11.2017, registered as Case Crime No.1349 of 2017, under Sections 363, 366, 323, 506 I.P.C., Police Station Sarai Dhwaja, District Jaunpur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that earlier an FIR was lodged against the petitioner no.1 and others being Case Crime No.964 of 2017, under Sections 363, 366, 376D, 506 I.P.C. and 7/8 POCSO Act, Police Station Sarai Khwaja, District Jaunpur which was challenged before this Court by means of filing Crl. Misc. Writ Petition No.2169 of 2018, in which their arrest has been stayed and the said petition has been disposed of by this Court vide order dated 31.1.2018 with certain directions, copy of which is annexed as Annexure-3 (at page34) to the writ petition. He further submits that in pursuance of the said order dated 31.1.2018, the statement of the victim girl under Section 164 Cr.P.C. has been recorded in which she stated that she married with petitioner no.1 on her own free will and thereafter on the same very allegation the present FIR has been lodged by respondent no.3 against the petitioner no.1 and petitioner nos. 2 & 3 who are mother and aunty of petitioner no.1 respectively levelling false and frivolous allegations, though no offence is made out against them, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018/NS