Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19848 of 2018 Petitioner :- Ramesh Sonkar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Singh, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 16.6.2018, registered as case crime No.149 of 2018, under Sections 376 (2) (n), 406, 323, 504, 506 I.P.C., P.S.Chetganj, District Varanasi.
Learned counsel for the petitioners submits that the son of petitioner no.1 was to be married with respondent no.3 but the marriage could not be solemnized, hence, the present FIR has been lodged by respondent no.3 against the petitioner no.1 and his entire family members including the said Sunny Sonkar. He further submits that the allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence,FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioner is distinguishable from the co-accused Sunny Sonkar.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 25.7.2018/NS