Partly allowed

Omkar Singh and 3 Others v. State of U.P. and 2 Others

Allahabad HC23 May 2019CRLP/14057/2019

Case brief

AI extract

What is this about?

This court disposed of a petition to quash an FIR alleging rape and conspiracy. It held that certainty regarding fraudulent consent could not be established at that stage, allowing investigation to proceed while granting a stay on arrest until the submission of the police report.

What did the court decide?

Investigation shall continue; petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C. if they cooperate.

Omkar Singh and 3 Others Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14057 of 2019 Petitioner :- Omkar Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manjeet Mishra Counsel for Respondent :- G.A..

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.

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The instant petition has been filed to quash the F.I.R. dated 10.5.2019 registered as case crime No. 352 of 2019 under Section 376, 120-B I.P.C., Police Station- Izzatnagar, DistrictBareilly.

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The allegations in the first information are that the informantvictim had been working as File Operator in the Indian Air Force where the accused Omkar Singh (petitioner no. 1) was an officer. It is alleged that over a period of time they developed a bond with each other and, thereafter, the accused Omkar Singh introduced the victim to his parents and relatives, as a result, they both agreed to marry each other. It is alleged that thereafter they also had physical relationship with each other. The thrust of the allegation is that she was sexually exploited under promise of marriage but, later, accused refused to marry the victim.

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The contention of the learned counsel for the petitioners is that the facts and circumstances of the case suggest that the parties had relationship voluntarily and not under any false promise and therefore it cannot be said that offence under Section 376 has been committed.

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Be that as it may, at this stage, it cannot be said with certainty whether the consent was obtained fraudulently, therefore, the matter would require investigation.

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However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.

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Order Date :- 23.5.2019

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A. Pt. Singh

Omkar Singh and 3 Others v. State of U.P. and 2 Others

Case brief

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Omkar Singh and 3 Others v. State of U.P. and 2 Others

Case brief

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What the court decided

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