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Neutral Citation No. - 2025:AHC:67331-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8008 of 2025 Petitioner :- Saleem Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vinod Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Vakalatnama filed by Sri Mirza Ali Zulfaqar, learned Advocate on behalf of respondent no. 3 is taken on record.
2. Supplementary affidavit filed on behalf of the petitioner is taken on record.
3. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents, learned counsel for the respondent no. 3 and perused the material on record.
4. The writ petition has been filed praying for quashing the F.I.R. dated 16.4.2025 giving rise to Case Crime No. 167 of 2025, under Sections 69, 115(2), 351(2) BNS, Police Station Tanda, District Rampur.
5. There are allegations of committing the offence of rape against the petitioner on false promise to marry the victim.
6. Learned counsel for the petitioner submits that the FIR has been lodged on false allegation only to compel the petitioner to marry the victim. She is major and aged about 30 years. She is capable of understanding the consequences of such relationship.
7. Learned AGA has opposed the submissions made by learned counsel for the petitioner.
Under the totality of facts and circumstances of this case and for the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till cognizance is taken by court on police report submitted under Section 173(2) Cr.P.C., the respondents are restrained from arresting the petitioner pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 30.4.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad