Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2376 of 2019 Petitioner :- Sandeep Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Naveen Kumar Yadav,Dinesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dinesh Kumar Singh, learned counsel for the petitioners, Sri A.R. Chaurasia, 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 18.1.2019, registered as case crime No.3 of 2019, under Sections 419, 420, 342, 376, 312, 506 I.P.C., Police Station Kapilvastu, District Siddharth Nagar.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that respondent no.3 is legally wedded wife of petitioner no.1 as their marriage was solemnized on 30.4.2018 and after the death of real brother of respondent no.3 in September, 2018 she went to her parental house and thereafter she did not return and she for the reasons best known to her, has lodged the impugned FIR against the petitioners levelling allegation of rape against the petitioner no.1 with respect to an old incident of the year 2017 and also against the petitioner nos. 2 to 4 who are her in-laws for facilitating the crime. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/NS