Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26513 of 2018 Petitioner :- Amit Tripathi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nikhil Kumar, learned counsel for the petitioners, Sri Gambhir 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 with the prayer to quash the F.I.R. dated 20.08.2018 registered as Case Crime No. 1065 of 2018, under Section 379 I.P.C., Police Station Noida Sector-49, District Gautam Buddha Nagar.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that petitioner no.1 is the husband of the respondent no.4 and their marriage was solemnized in the year 2008. Thereafter some dispute arose between the parties on account of which present F.I.R. has been lodged against the petitioner and his family members. He next submitted that the petitioner nos. 2 and 3 are devar of the respondent no.4. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Ashok Gupta