Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16090 of 2019 Petitioner :- Irfan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Indra Kumar Mishra, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 19.04.2019 registered as Case Crime No. 114 of 2019, under Section 376 I.P.C., Police Station- Shishagarh, District- Bareilly.
Learned counsel for petitioner submits that victim is a major girl. She had established relationship with petitioner on his own will but it appears that under suppression she has falsely deposed against the petitioner. It is further submits that earlier an application has been filed by mother of the petitioner to the Senior Superintendent of Police concerned that the parents of the respondent No.3 are compelling the petitioner to marry with his daughter. Learned counsel for the petitioner lastly submits that the petitioner is innocent and the present F.I.R. has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R which discloses cognizable offence.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
Order Date :- 11.6.2019 Shubhankar (Vivek Varma, J.) (Ramesh Sinha, J.)