Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15428 of 2019 Petitioner :- Irfan Hasan And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,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 06.01.2019 registered as Case Crime No.11 of 2019, under Section 376 IPC, P.S. Vindhyachal, District Mirzapur.
The allegation in the first information report is that the informant Reshma was, earlier, married to one Fakruddin, with whom she had a divorce. Thereafter, she returned to her parental home. There she developed intimacy with Irfan Hasan (petitioner no.1) and was sexually exploited under promise of marriage. It is alleged that Irfan Hasan promised to marry her after returning from Saudi Arabia. But when Irfan Hasan returned from Saudi Arabia, on 22.11.2018, a marriage proposal was sent, but family members of Irfan Hasan demanded Rs.11,00,000/- and a four wheeler towards dowry.
The contention of the learned counsel for the petitioners is that the allegations are nothing but false and in any view of the matter, offence punishable under Section 376 IPC is not made out.
Be that as it may, as correctness of allegations are not ordinarily to be tested in writ jurisdiction, the matter would have to be investigated. Hence, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that 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.
Order Date :- 31.5.2019 AKShukla/-