RIYAJUDDIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri J.P. Pandey, learned counsel for the petitioners, learned A.G.A. for the State-respondents and Sri Rahul Singh Dahiya, learned counsel for respondent no.4.

(2.) By means of instant writ petition, the petitioners have prayed for quashing of F.I.R. dated 15.3.2021, under Sections 376-D, 307 and 506 I.P.C., Police Station- Kotwali Dehat, District Bulandshahar, registered as Case Crime No.0199 of 2021 and for a mandamus restraining the State-respondents from arresting the petitioners.

(3.) The allegations in the impugned F.I.R. lodged by respondent no.4 are that on 31.7.2019 at about 3:00 p.m. she had gone to Family Court, Bulandshahar to withdraw cheque of Rs.20,000/- granted to her towards maintenance. At that time, her husband Riyajuddin accompanied by Moinuddin and Asgar Ali also came there and took her and her mother and brother, who were present there, to Bhood crossing in their car on the pretext that they will settle the disputes amicably. On reaching there, they asked the mother of the complainant and her brother to get down from the car and thereafter they took respondent no.4 to a lonely place in Transport Nagar, Bulandshahar, where all the three accused raped her and also prepared a video film on their mobile. When she raised alarm, the accused petitioners tried to strangulate her by putting her dupatta on her neck. The accused left the place threatening respondent no.4 of dire consequences if she does not withdraw all cases. They also threatened to make the video film viral. The complainant went to the police station accompanied by her mother and brother to get a F.I.R. registered, but the police did not register the F.I.R. She had been making continuous efforts in that regard. On the other hand, the accused petitioners had been extending threats to her and compelling her for a settlement. She again gave a written complaint at the police station and on basis of which the police has now registered a F.I.R. against the petitioners.