The Allahabad High Court has dismissed the petition of the accused of sexual harassment, filed for quashing the FIR.
The Division Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma passed this order while hearing a Criminal Misc Writ Petition filed by Khem Singh.
The petition seeks quashing of the F.I.R dated 08.12.2021, registered as Case under Sections 323, 377, 354 (A), I.P.C and 7/8 Protection of Children From Sexual Offences (POCSO) Act, P.S Dhoomanganj, District Prayagraj.
The contention of counsel for the petitioner is that petitioner is the brother-in-law (Jeth) of the first informant and he resides with his mother in the village. He had informed his brother, the husband of the first informant about her misdeeds, as a consequence whereof, the false and fabricated F.I.R has been lodged against him and that this is not an iota of truth in the allegations contained therein.
Upon hearing the counsel for the parties and upon perusal of the F.I.R, the Court found that it contains the ingredients of cognizable offence. All the submissions that are being made by counsel for the petitioners are at best his defence which cannot be considered while dealing with writ petition seeking quashing of the first information report. The Court is required only to consider the allegations in the first information report and to see whether on a bare reading thereof a criminal offence is disclosed or not.
The Court opined that the allegations in the first information report contain the ingredients of cognizable offence. The first information report, for this reason, cannot be quashed.
“The writ petition is, therefore, dismissed, however, without prejudice to the rights of the petitioner to apply for bail / anticipatory”, the Court ordered.