The High Court dismissed a writ petition seeking to quash an FIR and order non-arrest regarding alleged rape and other offences. The court found no ground for quashing due to serious allegations and denied the prayer despite the petitioner's prior marriage.
The writ petition to quash the FIR and command non-arrest is dismissed.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4381 of 2021
Petitioner :- Ravi Chaudhary And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.C.Srivastava,A.Z.Khan Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying for the following relief:-
"i. To issue a writ order or direction in the nature of certiorari quashing the impugned F.I.R. dated 31.05.2021 lodged by the petitioner no.5 against the petitioner in Case Crime No.0210 of 2021 under Sections 376, 313, 504, 506 I.P.C. registered at Police Station Amroha Nagar, District - Amroha.
ii. To issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in Case Crime No.0210 of 2021 under Sections 376, 313, 504, 506 I.P.C. registered at Police Station Amroha Nagar, District - Amroha.
iii. To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 &3 to make it sure that the life and property of the petitioner no.1 & 5 may not be interfered with any illegal or coercive act so adopted by the father and family members of the petitioner no.5."
In the impugned first information report serious allegations have been made against the petitioner no.1 by the victim who has been shown in the present writ petition as petitioner no.5. Perusal of the impugned first information report further shows that there is an allegation that the petitioner no.1 is already married with one Sushma. There is no denial of this fact in the present writ petition that he is not an already married person.
Under the circumstances, no case has been made out for quashing of the impugned first information report.
Following the principles of law laid down by Hon'ble Supreme Court in the case of State of Haryana and others Vs. Bhajan Lal and others 1992 Supp (1) SCC 335 and M/s Neeharika Infrastructure Pvt Ltd. Versus State of Maharashtra AIR Online 2021 Sc 192, we do not find any good reason to interfere with the impugned first information report. Therefore, the writ petition is dismissed leaving it open for the concerned petitioner to apply for bail in accordance with law and as permissible under law.
Order Date :- 6.7.2021/vkg
Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.06 14:13:31 IST Date: 2021.07.06 14:14:40 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether the impugned FIR under Sections 376, 313, 504, 506 IPC should be quashed in view of the allegations of prior marriage.
Whether any good reason exists to interfere with the FIR under the principles laid down by the Supreme Court in State of Haryana v. Bhajan Lal and M/s Neeharika Infrastructure.
Colour shows how this judgement treated each authority
State of Haryana and others Vs. Bhajan Lal and othersFollowed¶12
State of Haryana and others Vs. Bhajan Lal and others 1992 Supp (1) SCC 335 · Who else cites this
M/s Neeharika Infrastructure Pvt Ltd. Versus State of MaharashtraFollowed¶12
M/s Neeharika Infrastructure Pvt Ltd. Versus State of Maharashtra AIR Online 2021 Sc 192 · Who else cites this
Ravi Chaudhary And 4 Others
State Of U.P. And 2 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
