Kinshuk Kumar And 3 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 1147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14230 of 2018
 
Petitioner :- Kinshuk Kumar And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sheshadri Trivedi,Ajay Kumar Pandey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Sheshadri Trivedi, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated 21.5.2018, registered as case crime No.289 of 2018, under Sections 376, (2) (n), 323, 406 I.P.C., Police Station Subhash Nagar, District Bareilly.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that respondent no.4, who is admittedly a major girl as per the FIR, was having some physical relationship with petitioner no.1 and when their relationship could not materialize, she lodged the present FIR against the petitioner no.1 and his entire family members levelling false and frivolous allegations, though no offence is made out against them, hence, FIR is liable to be quashed by this Court.

Learned A.G.A.opposed the prayer for quashing of 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. but they shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 30.5.2018/NS