The Court dismissed the writ petition seeking quashing of an FIR under Section 376 IPC. It held that the FIR disclosing a cognizable offence cannot be quashed, characterizing the petition as devoid of merit.
Writ petition dismissed with no merit.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 20615 of 2019
Petitioner :- Om Prakash Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Umesh Kumar,J.
Heard Sri Shiv Kumar Gupta for the petitioner and AGA for State of UP.
The writ petition has been filed for quashing the FIR dated 26.6.2019 of Case Crime No. 0282 of 2019 under Section 376, 506 IPC, P.S. Saraimamrej, Distt. Prayagraj.
In substance in the FIR the allegation has been made that the victim and the accused were students and they were in relation. The accused after giving assurance of marriage, developed intimacy with the victim and made physical relation with the victim.
The FIR discloses the cognizable offence as such it is not liable to be quashed.
The writ petition has no merit and is dismissed.
Order Date :- 13.8.2019 Rahul Dwivedi/-
2 issues framed by the court
Whether the FIR u/s 376 IPC alleging sexual relations can be quashed.
Whether an FIR cognizable on its face admits to quashing under Section 482 CrPC.
Om Prakash Patel
State Of U.P.
2 Others
Ram Surat Ram
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
