Quashed

Sajid v. State of U.P. and 2 Others

Allahabad HC11 Jan 2019CRLP/667/2019

Case brief

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What is this about?

In a criminal miscellaneous writ petition, the High Court quashed an FIR alleging rape and criminal intimidation. The Court found that the victim's sister was the true complainant, whose parents intended to marry her to the petitioner, rendering the allegations false and malicious.

What did the court decide?

The First Information Report registered as Case Crime No.881 of 2018 is hereby quashed. The writ petition is allowed.

Sajid Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 667 of 2019

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Petitioner :- Sajid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Khan Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioner and learned A. G. A. for the State.Sri Sanjeet Kumar Mishra has put in appearance on behalf of the respondent no.3, who is the first informant.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.881 of 2018, under Sections 376, 506 I.P.C., P.S. Chandpur, District Bijnor.

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Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; contention is that the petitioner Sajid as well as the victim have agreed to solemnize the marriage and the marriage is being fixed for 31.01.2019, copy of the invitation card is annexed no.2 to the writ petition; reliance has been placed on the averments made in paragraph nos.8, 9 and 10 of the writ petition; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.

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We have perused the short counter affidavit filed on behalf of the respondent no.3. The affidavit is sworn by the respondent no.3, who is the first informant. It has been admitted in paragraph no.4 of the affidavit that the sister of the deponent is major aged about 19 years. In paragraph no.3 of the affidavit it is mentioned that the marriage of the petitioner and his sister will be solemnized on 31.01.2019, a copy of the card is annexed as annexure-1 to the short counter affidavit.

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In view of the aforesaid facts and circumstances, no purpose would be served in further keeping the matter pending. Accordingly, the first information report dated 01.12.2018 registered as Case Crime No.881 of 2018, under Sections 376, 506 I.P.C., P.S. Chandpur, District Bijnor is hereby quashed.

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The writ petition is accordingly allowed. No order as to costs.

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Order Date :- 11.1.2019

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R./

Sajid v. State of U.P. and 2 Others

Case brief

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Sajid v. State of U.P. and 2 Others

Case brief

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