Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16124 of 2019 Petitioner :- Abdul Fatah Mahmood Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Jeet Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Amar Jeet Upadhyay, learned counsel for the petitioner, Ms Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 17.5.2019 registered as case crime no. 333 of 2019, under sections 376, 377, 323, 504, 506 IPC, P.S. Brahmpuri, District Meerut.
Learned counsel for the petitioner submits that the petitioner is husband of respondent no. 3, with whom his marriage was solemnized in the year 1993 and further on account of some matrimonial dispute, petitioner has been falsely implicated in the present case by respondent no. 3 by levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh