Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5278 of 2019 Petitioner :- Pravita @ Reena And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Shukla,Praveen Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and Sri Yogeshwar Rai, 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.1725 of 2018, under Sections 363, 366, 376-D & 120-B I.P.C., P.S. Highway, District Mathura.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; contention is that the petitioner no.1 happens to be real sister of the victim Sapna @ Shakuntala; petitioner no.1 has solemnized marriage with the petitioner no.2 of her own sweet will, without any coercion or threat; petitioner no.1 is the elder daughter of the first informant and real sister of the alleged victim Sapna @ Shakuntala; much reliance has been placed on the averments made in paragraph nos.7, 8, 9, 10 and 18 of the writ petition; 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 petitioners 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 case of Sachin Pawar vs. State of U.P. passed in criminal appeal no. 1142/2013 decided on 2.8.2013, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 26.2.2019 R./