Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 14995 of 2019 Petitioner :- Shahbuddin Alias Milki And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- G.A..
Hon'ble Manoj Misra,J.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 10.5.2019 registered as case crime No. 372 of 2019 under Section 323, 313, 376 and 506 I.P.C., Police Station- Civil Lines, District- Moradabad.
The contention of the learned counsel for the petitioner is that admittedly, as per allegations, the relationship between the petitioner, Shahbuddin, and informant, Shaiesta, had spread over 7-8 years and according to the allegations the accused sexually exploited the victim under false promise of marriage. It has been alleged that the victim has been blackmailed not only by Shahbuddin but also by his friends.
The contention of the learned counsel for the petitioner is that the allegations are absolutely false and from the allegations it appears that parties are in some kind of relationship, which has spread over several years and therefore, it would be deemed that the relationship is based on consent. Hence, the allegations of rape are unsustainable. It has been contended that in respect of allegation of extension of threat etc. no date and time has been provided and, therefore, the allegations are nothing but false and have been made just to extort money.
Be that as it may, on the grounds taken, prayer to quash the first information cannot be accepted because correctness of the allegations would have to be tested on the basis of material collected during investigation.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 29.5.2019 / A. Pt. Singh