Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22088 of 2019 Petitioner :- Mohd Shaanu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Sri Sanjay Srivastava, learned counsel has filed short counter affidavit today on behalf of first informant stating therein that the dispute between the parties has been amicable settled.
Heard Sri Sudhanshu Singh, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 06.09.2019 in case crime No. 688 of 2019 under Sections 376(2)(n), 366 & 506 IPC, P.S. Bahedi, District-Bareilly.
Learned counsel for the petitioners submits that victim is the daughter of respondent no. 3, petitioner no. 1 and victim, developed intimate relationship, both are major have solemnized their marriage on 20.09..2019 of their own free will, petitioner no. 3 to 5 are close relatives of petitioner no. 1, matter has been amicably settled between the parties through a compromise deed dated 21.09.2019, no offences are made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission and submits that the FIR cannot be quashed at the stage of investigation as it discloses cognizable / heinous offences in view of the decision of the Apex Court in State of M.P. Vs. Laxmi Narayan & Others reported in [AIR 2019 SC 1296].
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of. Order Date :- 30.9.2019 Vibha Singh