Shivam @ Shivam Shoes @ Deepanshu Sharma v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17215 of 2023 Petitioner :- Shivam @ Shivam Shoes @ Deepanshu Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Mishra,Aishwarya Pratap Singh Counsel for Respondent :- G.A.,Deepak Rana,Rahul Kumar Pandey Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Supplementary afÏdavit filed today is taken on record.

¶2Heard Sri Aishwarya Pratap Singh, learned counsel for the petitioner, learned A.G.A. for the State and perused the record and Sri Rahul Kumar Pandey, learned counsel for the informant.

¶3This writ petition has been filed Seeking quashing of the first information report dated 20.9.2023, in Case Crime no. 840 of 2023, under Sections 376, 506 IPC, P.S. Kavi Nagar, District Ghaziabad.

¶4The contention of the learned counsel for the petitioners is that both the informant and the petitioner both are major and as per marks statement-cum-certificate (annexed with supplementary afÏdavit), the date of birth of the petitioner no. 1-Shivam @ Shivam Shoes @ Deepanshu Sharma is

25.6.2004 and as per Aadhar Card, the age of the respondent no. 4-Priyanka Khanna (informant) is 6.12.2004 and she has come forward to file joint afÏdavit in the present petition in the shape of supplementary afÏdavit filed today in Court, as such no offence as alleged in the FIR is made out and that no such offence was ever committed and the first information report was lodged under pressure.

¶5Learned counsel for the informant also admits the aforesaid fact and supports the petitioner's case.

¶6Learned AGA has opposed the prayer.

¶7Be that as it may, the writ petition is disposed off with a direction to the respondent no. 4-Priyanka Khanna (informant) to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., on or before 22.12.2023. In the event, respondent no. 4-Priyanka Khanna (informant) appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. in further two weeks and thereafter the Investigating OfÏcer shall proceed in accordance with law.

¶8For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 20.9.2023, in Case Crime no. 840 of 2023, under Sections 376, 506 IPC, P.S. Kavi Nagar, District Ghaziabad. Order Date :- 22.11.2023 Abhishek High Court of Judicature at Allahabad