AMIT NISHAD AND 2 OTHERS Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-5-362
HIGH COURT OF ALLAHABAD
Decided on May 21,2018

Amit Nishad And 2 Others Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

- (1.) Heard Sri K.P. Singh, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
(2.) This petition has been filed by the petitioners with a prayer to quash the FIR dated 10.4.2018, registered as case crime No.111 of 2018, under Section 376 I.P.C., Police Station-Khajani, District-Gorakhpur.
(3.) Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the victim respondent no.4 is a major girl aged about 19 years as per the FIR itself and it appears that the petitioner no.1 had taken the respondent no.4 on the pretext for marrying her and when the crime in question was being committed by the petitioner no.1 the same was not objected by petitioner no.2 and 3 who are? parents of petitioner no.1 nor did they pay heed to request of respondent no.4, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.;


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