Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10491 of 2018 Petitioner :- Navin Shewani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tarun Agrawal,Shri Ravi Kant (Sr. Adv.) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ravi Kant, learned Senior Advocate, assisted by Sri Tarun Agrawal, learned counsel for the petitioner, Sri Prabhash Pandey, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 14.04.2018, registered as Case Crime No. 350/2018, under Section 376 IPC, Police Station Surajpur, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the respondent no.4 was in live-in-relationship with the petitioner for the last two years and when the petitioner refused to marry with her, she lodged present FIR against the petitioner levelling false, frivolous allegations against the petitioner, though no offence is made out against the petitioner. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. for the State opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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 :- 24.4.2018 VKG