Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16584 of 2019 Petitioner :- Sanjay Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Kumar Yadav,Rajesh Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ravindra Kumar, learned counsel for the petitioners, Sri G.P.Singh, 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 19.02.2019 registered as Case Crime No. 0051 of 2019, under Sections 363, 366, 376, 119 IPC and 3/4 POCSO Act, Police Station Mubarakpur, District Azamgarh.
Learned counsel for the petitioner submitted that the daughter of the respondent no.3 had married the petitioner and when the relationship of daughter of respondent no.3 and petitioner became strained, wife of petitioner initiated proceedings under Section 125 Cr.P.C. being Case No. 552 of 2017 against the petitioner, which was compromised before the Principal Judge, Family Court, Azamgarh vide order dated 20.07.2017. The respondent no.3 thereafter moved an application U/s 156 (3) Cr.P.C. on 18.08.2017, which was treated as a complaint case but he did not pursue the said case before the Magistrate concerned and again filed an application U/s 156 (3) Cr.P.C., whereupon an order was passed for registration of FIR against the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, 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.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 14.6.2019 Lbm/-