Neutral Citation No. - 2025:AHC:30704-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1602 of 2025 Petitioner :- Yogendra Kumar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidya Shanker Pandey Counsel for Respondent :- G.A.,Uma Nath Pandey Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Short counter affidavit and the supplementary counter affidavit filed by the informant and supplementary affidavit filed by the counsel for the petitioners are taken on record. 2. Heard Sri Vidya Shanker Pandey, learned counsel for the petitioners, Sri Uma Nath Pandey, learned counsel for the informant as well as Sri Rahul Asthana, learned A.G.A. for the State and perused the record. 3. The relief sought in this petition is for quashing of the F.I.R. dated 11.01.2025, registered as Case Crime No. 10 of 2025, under Sections 420, 307, 498-A, 323, 504, 506, 34 I.P.C. & 3/4 D.P. Act & 67 I.T. Act, Police Station Afzalgarh, District Bijnor. Further prayer has been made not to arrest the petitioner in the aforesaid case. 4. Submissions of learned counsel for the petitioners is that the present criminal prosecution is absolutely malafide in nature. The petitioner no. 1 has filed a Suit for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act before the Principal Judge, Family Court, Bijnor and he was engaged as engineer in the year 2013 and now he is an enrolled Advocate and has been falsely implicated. 5. By drawing attention to the supplementary affidavit filed today, it is submitted that the post has been removed from social media which was made on social media against the informant and that the no offence is made. 6. Per contra, learned counsel for the informant and learned A.G.A. for the State submits that there was always a false representation and the informant is a highly qualified person who has done her doctorate and the post on the social media has tarnished the image of the informant. Apart from the allegations she has also supported allegations made in the first information report. Learned A.G.A. further submits that as per the investigation put till now it is proved that the post were made on social media, and that a perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 7. Therefore, the writ petition is dismissed. Order Date :- 4.3.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad