Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16207 of 2019 Petitioner :- Sunil And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Brajesh Kumar Singh, learned counsel for the petitioners, Sri V.K. Pandey, 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 06.10.2018 registered as case crime no. 582 of 2018 under sections 376, 354, 504, 506 I.P.C., police station - Bidhnu, District - Kanpur Nagar.
Learned counsel for the petitioners has submitted that the petitioner no. 1 Sunil is dewar of opposite party no. 3, with whom she had established physical relationship after death of her husband and it is alleged that petitioner no. 1 had continued to rape her and petitioner no. 2 and 3 who are father-in-law and mother-in-law of the respondent no. 3 did not restrain the petitioner no. 1 when she made complaint to this affect. It is further submitted that the respondent no. 3 has falsely implicated the petitioners only with a view to grab the property of the applicants. The petitioners have no criminal antecedents. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR.
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. provided that they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. Order Date :- 11.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)