Criminal Misc. Writ Petition filed to quash an F.I.R. alleging rape. The High Court held that allegations disclosing a cognizable offence cannot be quashed merely by claiming they are false or arise from a civil dispute. Petition dismissed.
The writ petition for quashing the F.I.R. was dismissed; liberty granted to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 12835 of 2019
Petitioner :- Chandra Pal @ Rakesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Singh Patel Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1,2 and 3 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 20.4.2019 registered as case crime No. 149 of 2019 under Section 452, 376, 504, 506 I.P.C. and 3 (2) (V) of the S.C./S.T. Act, Police Station- Collector Bookganj, District- Bareilly.
The allegation in the impugned first information report is that in the night of 19/20.4.2019 when husband of the victim was not present and the victim was sleeping with her children at her house, at about 3:00 a.m. the petitioner by jumping over the wall entered her house and raped her on gun point. The first information report has been lodged in the morning of 20.4.2019.
As the allegations disclose commission of cognizance offence, the prayer to quash the first information report, by claiming that the allegations are false and have been levelled on account of a civil dispute between the parties, cannot be accepted.
The writ petition is dismissed with liberty to the petitioner to apply for bail.
O rder Date :- 13.5.2019
A. Pt. Singh
2 issues framed by the court
Whether the F.I.R. alleging rape can be quashed on the ground that the allegations are false and arise from a civil dispute.
Whether the allegations disclose a cognizable offence disentitling quashing.
Chandra Pal @ Rakesh
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
