Disposed

Narendra v. State of U.P. and 3 Others

Allahabad HC23 Jan 2019CRLP/30166/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking to quash an FIR. Considering the long-standing consensual relationship between the parties and the dispute over solemnization of marriage, the court directed no arrest until the police report was filed while ensuring cooperation with the investigation.

What did the court decide?

Petitioner shall not be arrested until submission of police report under Section 173(2) Cr.P.C.; investigation to be concluded within three months.

Narendra Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 30166 of 2018

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Petitioner :- Narendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Singh Counsel for Respondent :- G.A.,Sayyed Kashif Abbas Rizvi

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Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.

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Heard the learned counsel for the petitioner, learned AGA for the State and Sayyed Kashif Abbas Rizvi, learned counsel for respondent no.4.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR dated 19.9.2018 registered as Case Crime No.964 of 2018 u/s 376, 506 IP PS Civil Lines District Moradabad.

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Contention of the learned counsel for the petitioner is that even if the entire prosecution case as set up in the FIR is believed to be true in toto, it is apparent that the alleged victim, who is a widow, is and was in consensual relationship with the petitioner for the last nine years. Contention is that it was only when some dispute arose with regard to solemnization of marriage the present FIR has been lodged against the petitioner. Contention is that if an adult walks into a relationship with open eyes and stays with relationship and continues with relationship for nine years, it can be safely presumed that relationship was consensual. In support of his contention, learned counsel for the petitioner has placed reliance upon the judgment passed by the Apex Court in the case of Uday vs State of Karnataka in Appeal (Crl.) No.336 of 1996 and Dr. Dhruvaram Murlidhar Sonar Vs. State of Maharashtra & Ors. in Criminal Appeal No. 1443 of 2018 arising out of S.L.P. (Criminal) No.6532 of 2018.

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Sri Sayyed Kashif Abbas Rizvi, learned counsel for respondent no.4 has opposed the contention of the learned counsel for the petitioner and has submitted that the complainant has been sexually exploited under false promises.

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Learned counsel for the complainant and learned AGA do not dispute the fact that the FIR itself shows that victim was in relationship with the petitioner for the last nine years and she herself is the police constable and she has not lodged any complaint or report before any authority.

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In view of the aforesaid facts and circumstances and looking to the nature of controversy, no purpose would be served in keeping the matter pending any further before this Court.

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Thus, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation and police authorities shall conclude the

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investigation within three months from the date of production of certified copy of the order.

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Order Date :- 23.1.2019 SP

Narendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Narendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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