Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22642 of 2018 Petitioner :- Naresh Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kaushal Upadhyay,Jai Shanker Audichya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jai Shanker Audichya, learned counsel for the petitioners and Sri Irshad Hussain, learned brief holder for the State and perused the record.
The present writ petition has been filed with a prayer to quash the impugned F.I.R. dated 7.8.2018 registered as Case Crime No. 1074 of 2018, under Section 452, 354Kha and 323 IPC, P.S. Quarsi, District Aligarh.
On 20.8.2018, this Court has passed the following order:-
"Heard Sri Jai Shanaker Audichya, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 07.08.2018 registered as case crime no.1074 of 2018 under sections 452, 354Kha, 323 I.P.C., police station Quarsi, District Aligarh.
Learned counsel for the petitioners submits that it is a case of no injury and this fact has been mentioned in paragraph no.8 of the writ petition. Moreover, the present FIR has been lodged as a counter-blast to the FIR lodged by the petitioners against the husband of the respondent no.3 and her family members i.e. Case Crime No.172 of 2018 under section 147, 308 IPC.
Learned A.G.A. on the other hand disputed the averment made in paragraph no. 8 of the writ petition. He submits that from the FIR itself it is evident that the injured has received injury on his person. He shall verify the said fact and produce the medical examination report of the injury by the next date.
List this case on 24.08.2018."
In compliance with the court's order dated 20.8.2018, learned A.G.A. has produced medical examination report of the injured- Smt. Phoolwati, wife of Rajesh and from perusal of which, it appears that injuries have been received on her person and X-
ray report has also been annexed, hence, the averment which has been made in paragraph no. 8 of the petition by the deponent, who is petitioner no. 4 in the present case that it is the case of no injury, appears to be false on the face of it.
On a query being made regarding false affidavit, learned counsel for the petitioner could not give satisfactory reply. He tendered his unconditional apology for giving false affidavit on behalf of the petitioners and prays that the present petition be dismissed as not pressed.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we are of the view that averments made in paragraph no. 8 of the petition by the deponent, who is petitioner no. 4 in the present petition, appears to be a false affidavit for which the Court desired to prosecute him for perjury but taking into account the unconditional apology tendered by learned counsel for the petitioners on behalf of the deponent of the case for giving a false affidavit with respect to the aforesaid fact, the court drops the idea to prosecute the deponent-petitioner no. 4 for perjury but the act and conduct of the petitioner no. 4 cannot be ignored by this Court, hence the petition is dismissed with an exemplary cost of Rs. 25,000/- which shall be deposited by the deponent- petitioner no. 4 of the present case, namely, Subhash, S/o Chandrapal Singh, R/o Maheshpur, P.S. Quarsi, District Aligarh, within two months from today in the court of C.J.M. concerned which shall be given to the injured of the present case, failing which the same shall be recovered as arrears of land revenue.
Accordingly, the present writ petition stands dismissed.
The Registrar General of this Court is directed to send a copy of this order to the C.J.M. concerned for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 A.P. Pandey