In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3349 of 2021 Petitioner :- Abrar And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Onkar Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The petitioners herein seek for quashing of the FIR dated 31.1.2021 registered as Case Crime No.9 of 2021 under Sections 498A, 323, 376, 307, 328 I.P.C & 3/4 D.P.Act P.S-
Ratanpuri, District-Muzaffarnagar.
Learned counsel for the petitioners informs that the petitioner no.1 and 2 have been arrested last week on account of the first information report dated 31.1.2021.
The writ petition, thus, became infructuous on their behalf.
Heard learned counsel on behalf of the petitioners no.3, 4 and 5.
It is contended that the investigation in the First Information Report dated 31.1.2021 is going on pursuant thereto. The petitioner nos.1 and 2 i.e. husband and father-in-law of the victim girl have already been arrested. The petitioner no.3 is mother-in-law who is an aged lady. The petitioner no.4 is brother-in-law who has no concern with the matrimonial dispute between husband and wife. The petitioner no.5 is married sister-in-law and her name has falsely been implicated in the First Information Report just to give colour to the whole incident.
It is contended that the allegations in the first information report are not proved from the injury report and are concocted story. Even otherwise, the two of the accused persons namely husband and father-in-law have been arrested and the petitioner nos.3, 4 and 5 undertake to participate in the ongoing investigation.
In view of the said submissions of learned counsel for the petitioners, looking to the current situation of COVID-19 pandemic, in the opinion of the Court, the arrest of rest of the petitioner nos.3, 4 and 5 would not be feasible moreso, when main accused have been arrested and the petitioners undertake that they shall remain present before the investigating officer whenever they are require.
For the aforesaid, it is directed that the petitioner nos.3,4 and 5 shall not be arrested till submission of the police report under Section 173(2) Cr.P.C. The said petitioners shall, however, cooperate in the investigation and shall not make any effort to influence the witnesses.
The writ petition is, accordingly, disposed of. Order Date :- 20.5.2021 Harshita