Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20321 of 2018 Petitioner :- Mohit And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awdhesh Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Awdhesh Singh, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 26.6.2018, registered as case crime No.40 of 2018, under Sections 323, 316, 376, 377, 506 I.P.C. and 3(2) (V) SC/ST Act, P.S. Mahila Thana, District Muzaffar Nagar.
Learned counsel for the petitioners submits that respondent no.3 is a married women and she had established some relationship with petitioner no.1 with whom also she became pregnant and when their relationship could not materialize, she lodged the impugned FIR against the petitioner no.1 and petitioners nos. 2 and 3 who are parents of petitioner no.1 and petitioner no.4 who is cousin of petitioner no.1. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR i liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2018/NS