Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12259 of 2021 Petitioner :- Shambhu Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Respondent :- G.A
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the parties.
This writ petition has been filed praying to quash the impugned First Information Report dated 27.09.2021 registered as Case Crime No. 0366 of 2021, under Sections 376 I.P.C. and 67B I.T.Act, P.S.- Chauri Chaura, District- Gorakhpur.
Learned counsel for the petitioners submits that both the petitioner and the complainant/respondent no. 3 are close friends and they live together in live-in relationship. Due to some misunderstanding, first informant lodged the impugned F.I.R. on 27.09.2021 and subsequently she moved an application on 11.10.2021 supported with an affidavit dated 6.10.2021 to the Senior Superintendent of Police Gorakhpur with the request to withdraw the present F.I.R. with categorical terms that the matter has already been resolved between them and they are living happily.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and with the consent of the parties, the writ petition stands disposed of asking the complainant/respondent no. 3 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within two weeks from today. In the event, she appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. and thereafter the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going investigation.
Order Date :- 17.12.2021 A.K.Srivastava