Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5121 of 2019 Petitioner :- Aniket Damodhar Thawkar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjani Kumar Raghuvanshi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Anjani Kumar Raghuvanshi, learned counsel for the petitioners and Ms. Sanyukta Singh, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0090 of 2019, under Sections 498- A, 377, 376, 511, 354, 504, 506, IPC, and 3/4 D.P. Act, Police Station Majhola, District Moradabad.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that there is matrimonial dispute between the husband and wife and on the basis of false, baseless and obnoxious allegations made in the FIR the entire family members have been implicated in the present case; that the petitioner nos.1 is the husband; that much reliance has been placed on the averments made in paragraph nos. 18, 19 and 21 of the writ petition, the same has been perused by the Court; that apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 25.2.2019/VKG