Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3713 of 2021 Petitioner :- Smt Rajkumari And 2 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Syed Mohd. Zaid,Ghazala Bano Quadri Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioners and learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioners for quashing the FIR dated 14.3.2021 registered as Case Crime No. 0139 of 2021, under sections 376DA, 506, 328 IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012, P.S. Sardhana, District Meerut, with a further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for petitioners submits that petitioner no.1 Smt. Rajkumari is mother of victim. The impugned F.I.R. has been lodged by victim herself under the pressure of her step- mother. The real fact is that marriage of victim has been solemnized with petitioner no.2 Ashwani on 28.1.2021. Petitioner No.3 is father of petitioner no.2. The false story has been concocted by the victim. The victim is above 17 years of age and no such incident has taken place. The F.I.R. has been lodged only for the purpose of harassment, therefore, the impugned FIR is liable to be quashed.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that in F.I.R. the victim against her mother (petitioner no.1) and other petitioners, have made serious allegations and in F.I.R. allegation of gang rape has been made. From the allegations made in the FIR prima facie a cognizable offence is made out against the petitioners, therefore, the impugned FIR is not liable to be quashed.
In F.I.R. the victim has made allegation of rape and she has also made serious allegation against her mother (petitioner no.1). From the allegations made in F.I.R., it cannot be said that no offence is made out against the petitioners.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find it a fit case for quashing the impugned FIR, therefore, the prayer for quashing the same is refused and the writ petition is dismissed.
Order Date :- 21.5.2021 Kpy Digitally signed by Justice Bachchoo Lal Date: 2021.05.21 17:28:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.21 17:31:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad