Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34608 of 2018 Petitioner :- Mustkeem @ Mustkeem Bille Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hanuman Prasad Kushwaha Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri Hanuman Prasad Kushwaha and Sri Mohd. Nadeem, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.1357 of 2018, under Sections 313, 376, 506, IPC, Police Station Kotwali Lalitpur, District Lalitpuer.
Learned counsel for the petitioner submitted that the victim petitioner is herself the first informant; she was in a consensual relationship with the petitioner; subsequently while some dispute arose with regard to the solemnization of marriage, the present proceeding has been initiated against the petitioner; attention of the Court is also drawn towards a compromise which was entered between the family members of both the parties, copy of which is annexed as annexure no.2 to the affidavit filed in support of the writ petition. Further contention of the counsel for the petitioner is that apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.11.2018 VKG