Allahabad High Court
Ritesh Yadav & Ors. vs State Of U.P. Thru Prin. Secretary, ... on 15 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 10101 of 2021 Petitioner :- Ritesh Yadav & Ors. Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors. Counsel for Petitioner :- Surendra Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Surendra Kumar Yadav, learned counsel for the petitioners and Sri Devesh Kumar, learned counsel has put in appearance on behalf of respondent no. 4 and Shri S.P. Singh, learned AGA for the State-respondents.
The present writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari for quashing the impugned FIR dated 26.2.2021 in Case Crime No. 92 of 2021 under Sections 147, 342, 323, 504 and 506 IPC, P.S. Vibhuti Khand, District Lucknow and with a further prayer to issue a writ, order or direction in the nature of mandamus for commanding and directing the opposite party no. 3 not to arrest the petitioners in the aforesaid case crime.
As per version of FIR, on 3.2.2021 when respondent no. 4 was coming from her college after appearing in the examination, on the way near Crystal Apartment, petitioners Ritesh Yadav, Abhishek Yadav, who were in car, made respondent no. 4 to sit in their car. Petitioner nos. 1 and 2 gave threat to respondent no. 4 for her life. Petitioner nos. 1 and 2 took the respondent no. 4 to their Village, Maujabad, Barabanki where their mother and sister met with respondent no. 4. All of them put pressure upon respondent no. 4 for marriage with petitioner no. 1, Ritesh Yadav. When respondent no. 4 denied, all of them gave threat and sister of Ritesh Yadav locked the respondent no. 4 in a room. After much persuasion, they managed to call to her father and in the night they dropped the respondent no. 4 in her home. On 5.2.2021, in the morning, all the accused persons gave filthy abuses to the family members of respondent no. 4 and dragged the brother of respondent no. 4 for beating him. Respondent no. 4 given information to this effect to the police of Vibhuti Khand, Lucknow but the police did not lodge FIR. After hectic effort, this FIR has been lodged against the petitioners.
Learned counsel for the petitioners submits that the the petitioner no. 1 and respondent no. 4 were in love affair and being major they have married with each other out of their own free will at Varahik Sewa Samiti, Barabanki and a marriage certificate has also been issued by the said Sewa Samiti which is annexed as Annexure 2 to this writ petition. Learned counsel further submits that as the parents of respondent no. 4 were not happy with the marriage, therefore, under the pressure of her parents, respondent no. 4 has lodged this FIR implicating all the family members of the petitioners because the marriage was intercaste. Thus, the present impugned FIR has been lodged by respondent no.4 against the petitioners just for harassment and with oblique motive, hence the present impugned FIR is liable to be quashed.
Learned AGA as well as counsel for respondent no. 4 opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioners in the impugned FIR, therefore, the present writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioners and accordingly, the present writ petition is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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(Narendra Kumar Johari,J.) (Ramesh Sinha,J.) Order Date :- 15.7.2021 AKK