Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 33910 of 2018 Petitioner :- Santosh Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshmi Kant Pandey Counsel for Respondent :- G.A.,Ravi Shankar Vishwakarma
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Short-counter affidavit filed on behalf of respondent No.3 in Court today is taken on record.
Heard learned counsel for the petitioner(s), R.S. Vishwakarma learned counsel for the respondent No.3, the first informant and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.199 of 2018 under Section 323, 504, 376 and 313 IPC, P.S. Gyanpur, District Bhadohi.
Learned counsel for the petitioner(s) submitted that the victim is the first informant in the present case; the petitioner and the respondent No.3 are major and there is consensual relationship between them; much reliance has been placed on the averments as made in paragraph Nos. 14, 15 and 16 of the writ petition; and also an affidavit has been filed by respondent No.3 herself.
In paragraph No. 8 of the short-counter affidavit, it has been mentioned that the parties had entered into a compromise and that the first informant does not want to proceed and pursue the FIR and it has been further mentioned in paragraph No.9 of the affidavit that after the death of the husband of the depondent- respondent No.3, she has consensual relationship with the petitioner.
The Court has been informed that the respondent No.3 and petitioner are present before this Court. Since, both the parties are present, the Court has proceeded to examine respondent No.3-Zulekha.
On being asked from respondent No.3 as to what is her name, she informs that her name is Zulekha. On being further asked from her "apne FIR ku likhwai" she informs the Court "FIR kisi ke bahkawe me ake likhwai hai mera Santosh se koi jhagada nahi hai aur main iss mukadme ko yahi khatm karna chahti hun." On being informed by this Court that "agar apne iss tarah ki FIR firse darz ki to aap jail ja sakti hai," respondent No.3-Zulekha has made a statement before this Court "Mujhko malum hai aur main iss mukadme ko yahi khatm karna chahti hoon."
In view of the statement made by respondent No.3-Zulekha before this Court that she does not want to pursue the FIR and keeping in view the statement made by her, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be abuse of process of Court and wastage of public time and money.
Accordingly, the writ petition succeeds and is allowed.
The impugned F. I. R. which has been registered as Case Crime No.199 of 2018 under Section 323, 504, 376 and 313 IPC, P.S. Gyanpur, District Bhadohi, is hereby quashed.
Order Date :- 27.11.2018 LN Tripathi