This judgment dismisses a criminal misc. writ petition seeking quashing of an FIR for bigamy. The bench held that as the FIR prima facie discloses commission of a cognizable offence, it cannot be quashed.
Prayer for quashing the FIR is declined; writ petition is dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 1350 of 2022
Petitioner :- Smt. Rekha Gupta Alias Anmol Gupta And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra,Pradeep Kumar Pandey,Ram Bahadur Singh Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
This writ petition has been filed with the prayer to quash the First Information Report registered as Case Crime No. 480 of 2021, under Sections 494, 495, 506 IPC, Police Station Kakore, District Bulandshahr.
Contention is that the applicant has been falsely implicated in the present case.
Learned A.G.A. opposes the prayer made in the writ petition.
We have perused the F.I.R. which contains specific allegation with record to commissioning of cognizable offence. The F.I.R. records that the accused persons misrepresented facts and while the lady was already married with Deepak Agrawal the second marriage with informant was solemnized by making false disclosure. The first marriage has been dissolved much after lodging the F.I.R.
Since the First Information Report prima facie discloses commissioning of cognizable offence, therefore, it cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. Prayer for quashing the F.I.R. is declined and the writ petition, accordingly, is dismissed.
Order Date :- 9.3.2022 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.03.11 10:22:37 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report prima facie discloses commissioning of a cognizable offence and can be quashed.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779Relied on¶9
Smt. Rekha Gupta
State Of U.P.
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
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