Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15974 of 2019 Petitioner :- Savitri Devi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Munesh Kumar, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 18.5.2019 registered as case crime no. 177 of 2019 under sections 376, 313, 420 I.P.C., police station Panki, District Kanpur City.
Learned counsel for the petitioners submits that the prosecutrix as per the F.I.R. itself is a major girl. She has established some relations with the son of petitioner nos. 1 and 2, namely, Chandra Prakash. Thereafter when some differences arose between them, she lodged the present F.I.R. against him and the petitioners, who are his family members levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 petitioners is distinguishable from co-accused Chandra Prakash.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz