Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Manuvendra Singh, learned counsel for the petitioner and Ms. Nand Prabha Shukla, learned AGA for the State-respondents.
The present writ petition has been filed by the petitioner, seeking quashing of the impugned F.I.R. dated 04.08.2021 lodged as FIR No.592 of 2021 under Sections 376, 506 of I.P.C. at police station Kotwali Nagar, District Gonda with a further prayer to stay the arrest of the petitioner.
Learned counsel for the petitioner argued that the respondent no.4 is the sister-in-law of the petitioner. It is submitted that there has been some matrimonial dispute between the petitioner and his wife since June, 2021 and his wife has also sent a legal notice regarding divorce through her counsel on 25.06.2021, and as the petitioner refused for the divorce, the sister-in-law of the petitioner-respondent no.4 levelled vague allegations against him that the respondent no.4 came to the house of the petitioner to help his wife because a child was born to the petitioner and his wife in the year 2016, which is absolutely false as the child was born in the year 2017, which is evident from the birth certificate of the child which is annexed as Annexure no.5 to the writ petition, thus the allegation of committing rape with the respondent no.4 levelled against the petitioner is absolutely absurd on the face of it. It is also submitted that in the impugned FIR the date and time of occurrence of offence is also not mentioned and there is a delay of five years in lodging of the FIR, thus, the said impugned FIR is lodged only to harass the petitioner with oblique motive, hence, the present impugned FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioner in the impugned FIR that the petitioner is named in the impugned FIR and there is allegation of committing rape with the victim-respondent no.4 and the matter is subject to investigation and the delay in lodging of the FIR has been properly explained in the impugned FIR, therefore, the present writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner that specific allegation of committing rape with the respondent no.4 is levelled against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 Arnima