Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3111 of 2021 Petitioner :- Mohammad Basheer And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Mohan Pandey Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioners and learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioners for quashing the FIR dated 7.10.2020 registered as Case Crime No.280 of 2020, under sections 452, 323, 504, 506, 427, 354B, 354D, 376 IPC, P.S. Atarsuiya, District Prayagraj with a further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for petitioners submits that petitioner no.3 Abdullah Basheer is son of petitioner no.1 Mohammad Basheer. Petitioner no.3 has not committed the alleged offence. There is family dispute between the parties. Several Panchayats have taken place. Due to civil dispute the impugned F.I.R. has been lodged against the petitioners. The allegation of rape has been made against petitioner no.3 Abdullah Basheer, who is minor aged about 15 years. The prosecution story is not probable and believable. The victim is cousin sister of petitioner no.3. The impugned F.I.R. has been lodged only for the purpose of harassment, making false and vague allegations, therefore, the impugned FIR is liable to be quashed.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that impugned F.I.R. has been lodged by the victim herself. In F.I.R. the allegations of molestation and rape have been made against petitioner no.3 Abdullah Basheer. In F.I.R. it has been mentioned that petitioner no.3 committed rape upon the victim on gun point. It has also been mentioned that when mother of victim reached at the house of petitioners to make complain thereafter the petitioners committed mar-peet with victim and her mother and also damaged her domestic articles. From the allegations made in FIR, prima facie a cognizable offence is made out against the petitioners, therefore, the impugned FIR is not liable to be quashed.
In F.I.R. the allegation of rape has been made against petitioner no.3 Abdullah Basheer and it has also been mentioned that when mother of victim went to the house of petitioners to make complain, the petitioners committed mar-peet with victim and her mother entering in their house. From the allegations made in F.I.R., it cannot be said that no cognizable offence is made out against the petitioners.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find it a fit case for quashing the impugned FIR, therefore, the prayer for quashing the same is refused and the writ petition is dismissed.
Order Date :- 20.5.2021 Kpy