Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 10584 of 2018 Petitioner :- Smt. Shila Devi And Anr. Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Mukesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners 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. 506 of 2017, under Section- 363, 366,506 IPC and 7/8 POCSO Act, P.S. Kotwali Padrauna, District Kushinagar.
Learned counsel for the petitioners submitted that victim Pratibha and accused Munna fell in love with each other and decided to marry out of their own sweet and free will and petitioners have no concern with the present matter, in view of contentions made in para 9 ,10 and 11 of the writ petition; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties , we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 25.4.2018 T.S.