Rinku Kumar And 2 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 620 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12607 of 2018
 
Petitioner :- Rinku Kumar And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ram Kumar Dubey
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri R.K.Dubey, 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 4.4.2018, registered as case crime No.148 of 2018, under Sections 376, 504, 506, 120-B I.P.C., Police Station Thakurdwara, District Moradabad.

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 submits that victim-respondent no.3 has deserted her husband and established some relationship with petitioner no.1 and she is living in live-in relationship with the petitioner no.1 for the last about one year and when their relationship could not materialize, she lodged the impugned FIR against the petitioner no.1 and petitioner no.2 who is his maternal uncle and petitioner no.3 who is son of petitioner no.2. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.

Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

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 :- 17.5.2018/NS