Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 35949 of 2018 Petitioner :- Pankaj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and 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.
164 of 2018 under Sections 376 I.P.C., P.S. Sikanderpur Vaishya, District Kasganj.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner. It is further submitted that girl is adult and even from the FIR itself, it has been mentioned that girl is 17 years of age. Further contention is that both Khushboo, the alleged victim and the petitioner are adult and they solemnized the marriage on their own free will without any fear, threat or coercion. Reliance has been placed on Annexure No. 2 which is joint affidavit given by the boy and the girl. In paragraph no. 3 of the said affidavit, it has been mentioned that they have solemnized marriage on 17.10.2018.
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 perusal of 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 :- 19.12.2018 V.S.Singh