Court declined to quash the FIR in a Section 376 IPC matter, noting that conflicting claims about the victim's age and consent require investigation corroboration before such relief can be granted.
Petition for quashing of FIR was consigned to the record; no order for quashing was made.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3443 of 2022
Petitioner :- Sunil Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- G.A
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Petitioner's contention that First Information Report is false and that the victim was major and had gone with the accused out of her own free will where after marriage was solemnized can not be accepted at this juncture inasmuch as the first information allegations are to the contrary which discloses commissioning of offence under Section 376 I.P.C. also.
Learned A.G.A. informs the Court that the statement of victim under Section 161 and 164 Cr.P.C. has been recorded and she has supported the F.I.R. version.
In that view of matter we would not be inclined to quash the F.I.R. at this juncture inasmuch as issues as are urged before this Court would require independent corroboration which would be possible only during course of the investigation.
Leaving it open for the petitioner to seek appropriate remedy under the Code of Criminal Procedure, this petition filed for quashing of the F.I.R. is consigned to record.
Order Date :- 5.4.2022
Haseen U.
Digitally signed by HASEENUDDIN Date: 2022.04.06 10:30:52 IST Reason: Location: High Court of Judicature at Allahabad
Sunil Yadav
State Of U.P.
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
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