Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25858 of 2019 Petitioner :- Swati And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 12.12.2019 registered as Case Crime No. 186 of 2019 at P.S. Bhorakala, District- Muzaffar Nagar, under Sections 376D, 342 I.P.C. and section 3/4 Pocso Act.
The allegations in the impugned first information report make out a case of gang rape.
This petition has been filed on the basis of subsequent compromise between the parties and by claiming that the victim has married one of the accused.
Be that as it may, once an offence of gang rape is disclosed in the first information report, the investigation would have to be brought to its logical conclusion and therefore, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail or anticipatory bail as may be advised.
Order Date :- 19.12.2019 Sunil Kr Tiwari