Writ petition filed to quash an FIR under Section 376 IPC and 3/4 D.P. Act claiming marriage rendered the complaint baseless. Court rejected plea as victim's recorded statements affirmed allegations and no marriage was evident in official records.
Prayer to quash the First Information Report was declined; interim order discharged.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 914 of 2022
Petitioner :- Akhilesh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ram Shiromani Shukla,Abhinav Shukla,Anubhav Shukla 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 in Case Crime No. 781 of 2021, under Section 376 I.P.C. & Section 3/4 D.P. Act, Police Station - Ijjat Nagar, District - Bareilly, on the ground that subsequent in point of time the petitioner had married the victim and both of them are living together peacefully. It is stated that the Supreme Court in Criminal Appeal No. 394395 of 2021, in similar circumstances has quashed the first information report. Taking note of such contention, we passed following orders on 10.2.2022:-
"Submission is that after lodgement of the first information report, the informant has solemnised marriage with the writ petitioner on 26.11.2021, which is also registered on 27.11.2021 and the S.S.P. Bareilly is stated to have been informed of the intent of informant not to press the complaint/FIR. It is also stated that informant is living with the petitioner and has no grievance left. Submission is that notwithstanding, such facts the police is proceeding in the matter.
Learned AGA prays for and is allowed two weeks' time to obtain instructions in this matter.
Post as fresh once again on 24th February, 2022.
Till the next date of listing, petitioner shall not be arrested pursuant to impugned First Information Report dated 01.10.2021, registered as Case Crime No.781 of 2021, under Section 376 IPC and 3/4 D.P. Act, Police Station Ijjat Nagar, District Bareilly provided he undertakes to cooperate in the investigation."
Learned AGA has obtained instructions, according to which, the prosecutrix has supported the FIR allegation in her statement under Section 164 Cr.P.C., even subsequent in point of time, vide Parchas, dated 10.1.2022 and 31.1.2022 also there is no reference to any marriage having been solemnized between the parties.
Once that be so, we would not be inclined to accept the petitioner's contention of marriage or that the informant no longer wishes to pursue the FIR.
Since first information report, prima facie discloses commissioning of cognizable offence, prayer to quash it, is
declined 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 in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315.
The writ petition fails and is dismissed.
Interim order stands discharged.
Order Date :- 24.2.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.02.25 17:16:42 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a First Information Report should be quashed given the petitioner's subsequent marriage to the victim.
Whether false statements in the victim's affidavit negate the prima facie commission of the alleged offence.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniRelied on¶13
(2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and OthersRelied on¶13
(2021) SCC Online SC 315 · Who else cites this
Supreme Court precedentReferred¶5
Criminal Appeal No. 394395 of 2021
3 provisions across 3 enactments
Akhilesh
State Of U P
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
