Sudeep Awasthi v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6633 of 2023 Petitioner :- Sudeep Awasthi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Purshottam Chaurasia,Akshat Prakash Tripathi,Prashant Kumar Chaurasia,Ram Lal Counsel for Respondent :- G.A.,Lalji Prasad Shukla Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and Smt. Suman Lata Singh along with Sri Puneet Tripathi, Advocates, who have filed power on behalf of the respondent no.4. This petition has been filed with the following main prayer:- "to issue writ, order or direction in the nature of Certiorari for quashing the impugned FIR No.0401/2023, dated 14.07.2023, under sections 498-A/354/376/377/323 I.P.C. & 3/4 D.P. Act Police Station-Kotwali, District-Sitapur contained in Annexure no.1". In compliance of the earlier order passed by this Court, respondent no.4 is present before this Court and she has been identified by her counsel. It has been submitted by respondent no.4 that she has been harassed so much that she does not wish to try and talk to settle the matter through mediation. Learned counsel for the respondent no.4 has pointed out to the Court that respondent no.4 has also recorded her statement under Section 164 Cr.P.C. before the Court concerned and supported the prosecution story as mentioned in the F.I.R. After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence by the petitioner, 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 F.I.R. or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed. Interim order, if any, stands vacated. Order Date :- 12.10.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench