Shivam Kumar Pal @ Sonu Pal vs State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1208

ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH
Shivam Kumar Pal @ Sonu Pal – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Ramesh Chandra Agrahari.

JUDGMENT :

1. Heard learned counsel for the petitioners, learned counsel for the first informant and learned AGA for the State.

2. The instant writ petition seeks quashing of the FIR dated 11.06.2023 giving rise to Case Crime No.093 of 2023, under Sections 376, 377, 313, 406, 506 I.P.C., Police Station-Kotwali, District-Prayagraj.

3. The contention of learned counsel for the petitioners is that the first information report is fabricated and concocted. The petitioner no.1 and the first informant have solemnized their marriage as both are major. They are happily living together out of their free will as husband and wife.

4. An application has been filed by the first informant addressed to the Commissioner of Police, Prayagraj. Copy of the same is filed as Annexure 3 to this writ petition, wherein she has admitted that the first information report was false and had been filed in a huff.

5. The submissions of counsel for the petitioner have been reiterated by counsel appearing for the first informant.

6. Perusal of the application filed by the first informant reveals and it admits that the first information report was false and had been filed upon some differences having cropped upon between

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