Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26679 of 2018 Petitioner :- Anu Gautam Alias Juli And 04 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.L.Ram, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.9.2018, registered as case crime No.757 of 2018, under Sections 328, 379, 504, 506 I.P.C., P.S. Friends Colony, District Etawah.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that respondent no.4 is the the husband of petitioner no.1 and there was some matrimonial dispute between the husband and wife, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioner no.1 and other petitioners who are family members of petitioner no.1 on the basis of an application under Section 156(3) Cr.P.C. application. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 they 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 :- 25.9.2018/NS