Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16232 of 2019 Petitioner :- Rahul Kaushik @ Akash Kaushik And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Yogendra Pal Singh, learned counsel for the petitioners, 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 20.05.2019 registered as case crime no. 196 of 2019, under sections 498-A, 323, 504, 506, 406, 376-D, 377, 354 IPC and 3/4 D.P. Act, P.S. Gandhi Park, District Aligarh.
Learned counsel for the petitioners submits that the allegation of rape has been levelled against the brother-in-law, Aman Kaushik (petitioner no. 3) who is thirteen years of age which is totally false allegation. It is further submitted that the entire family member of the petitioner no. 1 who is husband of the respondent no. 3, have been falsely implicated in this present case. This is matrimonial dispute, therefore FIR needs to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
It appears that general allegations have been levelled against the accused petitioner nos. 2 to 5, therefore it is deemed proper that the matter requires consideration as against the accused petitioner nos. 2 to 5 in terms of law laid down in judgment of Supreme Court rendered in the case of Geeta Mehrotra and others vs. State of U.P. 2012 (10) SCC 741.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 5 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 11.6.2019/Meenu