Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15183 of 2019 Petitioner :- Kamal Kant And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Bais,Mashaluddin Shah 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 respondent nos. 1 and 2 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 16.5.2019 registered as case crime No. 271 of 2019 under Sections 366, 376, 504, 506, 120-B I.P.C., Police Station- Firozabad North, District- Firozabad.
The contention of the learned counsel for the petitioners is that according to the allegations, the victim has been sexually exploited by Kamal Kant, under promise of marriage, for over a period of one year and, thereafter, the accused refused to marry her.
The contention of the learned counsel for the petitioner is that the allegations levelled are absolutely false and deliberatly the family of petitioner no. 1 has been implicated to extort favourable settlement.
Be that as it may, as correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, the prayer of the petitioners to quash the 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 shall continue and be brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 30.5.2019 A. Pt. Singh