Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15185 of 2019 Petitioner :- Mehrunnisha And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Sharma 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. 150 of 2019 under Section 147, 323, 504, 506 and 376-D I.P.C., Police Station - Shahpur, District- Muzaffar Nagar.
The contention of the learned counsel for the petitioners is that the accused, Anis and Waris, have filed Criminal Misc. Writ Petition No. 14833 of 2019 with same prayer as in this petition, which was disposed off by order dated 28.5.2019 The order dated 28.5. 2019 passed in the petition filed by the Anis and Waris is extracted below:-
"Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos. 1 & 2; and perused the record.
The instant petition seeks quashing of the FIR dated 16.05.2019 registered as Case Crime No. 0150 of 2019, under Sections 147, 323, 504, 506 & 376-D I.P.C., Police Station-Shahpur, District-Muzaffar Nagar.
The allegation in the impugned F.I.R. is that after marriage of the informant, she was harassed by her in-laws. She has also levelled allegation that on 25.01.2019 she was sexually assaulted by her Jeth (Nafees) and his brother (Mustkeem).
The contention of the learned counsel for the petitioners is that there are several litigations pending between the parties. Earlier also the victim had lodged an F.I.R. dated 08.01.2019 as Case Crime No. 0010 of 2019 at Police Station Shahpur, District-Muzaffar Nagar, in which a protection order was granted by this Court and, now, again a fresh F.I.R. has been lodged by levelling false allegations, which have no corroboration from any medical report. It has also been submitted that the F.I.R. is highly belated. It is also contended that mother of the petitioners has moved an application under the Guardian and Wards Act against the informant for taking custody of her grand children.
Be that as it may, as correctness of the allegation is not ordinarily to be tested in the writ jurisdiction, the prayer of the petitioner to quash the impugned F.I.R. cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation shall continue and brought to its logical conclusion, but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case."
Learned A.G.A. has stated that this petition may be disposed off on same terms.
In view of above, this petition is also disposed off in terms of the order dated 28.5.2019 passed in Criminal Misc. Writ Petition No. 14833 of 2019 quoted above.
Order Date :- 30.5.2019 A. Pt. Singh