Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2379 of 2019 Petitioner :- Naim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.,Karunesh Narayan Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.P. Tiwari,learned counsel for the petitioner, Sri S.K.Pandey, holding brief of Sri K.N. Tripathi, learned counsel for the caveator, Sri Jai Narain, 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 petitioner with a prayer to quash the FIR dated 5.1.2019, registered as case crime No.12 of 2019, under Sections 366, 511, 504, 506, 354 I.P.C., Police Station Baradari, District Bareilly.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that the victim is a major girl and it is stated that there was some relationship between the petitioner no.3 and they married each other according to Muslim Rites on 19.12014, copy of Nikahnama dated 19.1.2014 is annexed as Annexure-3 to the writ petition, but thereafter respondent no.3 returned to her parental home and lodged the impugned FIR against the petitioner only with an allegation to commit the crime in question. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence against the petitioner. Learned counsel for the caveator has submitted that the said Nikahnama is forged one.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 29.1.2019/NS