Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22091 of 2019 Petitioner :- Achchan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Lavkush Kumar Bhatt learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.8.2019 in case crime No. 0120 of 2019 under Sections 406, 452, 323 & 506 IPC, P.S. Jahanganj, District Farrukhabad.
Learned counsel for the petitioners submitted that daughter of petitioner No. 1 is married to close relative of respondent No. 3/informant. A matrimonial dispute arose between the couple, the daughter of petitioner No. 1 lodged an FIR as case crime No. 0360 of 2016 under Sections 498A, 323, 504, 506, 313 and 3/4 D.P. Act, P.S.
Bahudanpur, District Fatehpur on 15.9.2016 coupled with other matrimonial litigation pending between the parties. The impugned FIR is lodged by respondent No. 3, on malafide and mischievous allegations on 15.8.2019 with a view to harass the petitioner, so that they may come to terms, no offences are made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 27.9.2019 AS