Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5969 of 2017 Petitioner :- Smt. Rubi @ Rubina And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.,Vikas Rana
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Manoj Kumar, learned counsel for the petitioners, Sri Vikas Rana, learned counsel for the respondent no.3 and Sri A.K. Sand, learned A.G.A. for the State and perused the record.
The relief sought in this petition is for quashing of the F.I.R. dated 22.3.2017, registered as case crime no.338 of 2017, u/s 498, 328 IPC, P.S. Devband, district Saharanpur.
Learned counsel for the petitioners submits that the victim who is the petitioner no.1 is not wife of respondent no.3 and the allegation made in the FIR is false one, the said fact is mentioned in para no.16 of the present petition. The victim has voluntarily eloped with petitioner no.2 as she is major aged about 24 years and 8 months. The petitioner no.3 is the brother of petitioner no.2.
Learned counsel for the respondent no.3 states that the petitioner nos.3 had earlier approached this Court and filed Crl. Misc. Writ Petition No.4707 of 2017 for quashing the FIR of the present case which has been disposed of by this Court vide order dated 3.4.2017 but in spite of the said order the petitioner no.3 again preferred the present petition concealing the said fact. He further stated that filing of earlier petition by the petitioner no.3 cannot be ignored as the said petitioner was fully conscious about the same, hence some exemplary cost should be imposed on the said petitioner no.3.
On a query being made regarding filing of the earlier writ petition, learned counsel for the petitioners could not give satisfactory reply for filing of the same and again for filing of the present writ petition on behalf of petitioner no.3. He submits that he was having no knowledge about filing of the earlier petition by the said petitioner no.3. He tendered his unconditional apology for again filing the present petition on behalf of the petitioner no.3 and prays that the present petition with regard to petitioner no.3 be dismissed as not pressed.
The contention of learned counsel for the respondent no.3 appears to have force.
Considering the facts and circumstances of the case, we are of the opinion that it cannot be said that the petitioner no.3 had no knowledge about filing of the earlier petition, hence the present writ petition is dismissed with an exemplary cost of Rs. 10,000/- which shall be deposited by the petitioner no.3 namely Mohd. Salman, S/o Irfan Ali within one month from today in the court of C.J.M. concerned which shall be given to the Legal Service Cell of the District, failing which the same shall be recovered as arrears of land revenue.
Accordingly, the present writ petition stands dismissed on behalf of petitioner no.3.
Investigation of the aforesaid case shall go on but the petitioner nos.1 and 2 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.
Office is directed to keep a copy of this order along with the record of Crl. Misc. Writ Petition No.4707 of 2017.
The Registrar General of this Court is directed to send a copy of this order to the C.J.M. concerned for its compliance.
(Mrs. Rekha Dixit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Gaurav