Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11086 of 2019 Petitioner :- Hemant M. Alias Bunty Shakya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 26.03.2019 registered as Case Crime No.160 of 2019, under Sections 328, 120-B, 506, 376, 306 IPC, P.S.
Premnagar, District Jhansi.
The allegation in the impugned first information report, which has been lodged by the victim, is that about five years ago, the victim had developed friendship with a fellow girl, a neighbour, named, Roopa, (petitioner no.2), as a result, the informant started going to her house. It is alleged that over a period of time the victim developed familiarity with the petitioner no.1, who happened to be brother of the petitioner no.2. It is alleged that the petitioner no.1 had proposed to marry the victim but the victim did not accept the proposal. It is alleged that, one day, the petitioner no.2 had called the victim to her house and had served cold drink which contained some intoxicant. It is alleged that under the influence of intoxication, the victim was exploited by the petitioner no.1 and some video recording was got and on the basis of that video recording the victim was blackmailed and exploited by the petitioner no.1. It is alleged that the victim turned pregnant but, later, the petitioner no.1 resiled from his proposal to marry the victim, as a result, the victim had to abort the child. It has been alleged that due to the trauma of the victim, the mother of the victim was shamed and had to suffer taunts from the society, as a result she committed suicide.
The contention of the learned counsel for the petitioner is that in so far as the offence punishable under Section 306 IPC is concerned, there is no specific allegation as to how and in what manner the accused abetted commission of suicide by victim's mother. It has been submitted that in so far as the allegation of rape is concerned, as it is alleged in the first information report that the victim had initially rebuffed the proposal of marriage put by the petitioner no.1, any subsequent relationship of the victim with the petitioner no.1 could be taken as consensual not dependent on promise to marry. Hence, charge of offence punishable under Section 376 IPC is not made out merely because the petitioner no.1 did not subsequently marry the victim, as alleged. It has further been contended by the learned counsel for the petitioners that in so far as the allegation that the victim was served intoxicant in cold drink is concerned, neither the day nor the time of such an incident has been disclosed and considering that relationship allegedly spanned over five years, the impugned first information report is nothing but expression of grievance than disclosure of any offence.
We have given thoughtful consideration to the submissions of the learned counsel for the petitioners.
It is well settled that the first information report is not supposed to be an encyclopaedia of all the facts and allegations and therefore even if specific details about the incident when she was served intoxicant as also about her video and acts of blackmailing are not given, it cannot be said that the FIR does not disclose commission of any cognizable offence, therefore, the matter would require investigation. Hence, the prayer of the petitioners to quash the impugned first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
It is made clear that the petitioners shall make themselves available for interrogation as and when required by the Investigating Agency. A failure in that regard would be deemed non cooperation in the investigation.
Order Date :- 29.4.2019 AKShukla/-