Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 16695 of 2018
Petitioner :- Nirmal Singh And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajeev Kumar Saini
Counsel for Respondent :- G.A.,Ramesh Chandra Tiwari
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner(s), learned A.G.A. for the State and Sri Ramesh Chandra Tiwari learned counsel for respondent nos.4 and 5.
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.272 of 2018, under Sections- 323, 504, 506, 376,498A IPC & 3/4 D.P. Act, P.S.- Bilaspur district Rampur.
We have perused the interim order dated 22.6.2018, by means of which the matter was referred to Mediation Centre Allahabad. We have also perused the report of the Mediation Centre which shows that even though mediation has been completed but no agreement could be arrived at between the parties. In this view of the matter, the Court proceeds to hear the case on its own merits.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; 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(s) 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 and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C.
However, petitioner(s) shall participate and co-operate with the investigation and police authorities shall conclude the investigation within a period of three months from the date of production of certified copy of this order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.11.2018 SP