Nakul v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16646 of 2023 Petitioner :- Nakul Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated

27.09.2023 giving rise to Case Crime No.770 of 2023, under Sections 363, 323, 504, 506 I.P.C., Police Station-Baradari, District-Bareilly.

¶3The petition has been filed by the accused Nakul. In paragraph 7 of the writ petition, it has been averred as follows: "That the victim is the consenting party with Nakul and she went by her own will with the Nakul and the petitioner has no concerned with the co-accused Nakul."

¶4More importantly, the first information report alleges that the victim is minor. There is nothing on record which may lead this Court to construe that the victim is not minor.

¶5Under the circumstances and since the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, the first information report cannot be quashed.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 26.10.2023\Aditya Tripathi High Court of Judicature at Allahabad