Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5162 of 2018 Petitioner :- Archana And Anr. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- G.A.,Anand Sagar Dubey
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Harish Chandra, learned counsel for the petitioners, Sri A.S.Dubey, learned counsel for the caveator, Sri Jitendra Singh, 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 1.1.2018 registered as Case Crime No.3 of 2018, under Sections 323, 324, 498A, 504, 506 I.P.C., Police Station Indrapuram, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioners are married sisters-in-law of respondent no.3 as the marriage between respondent no.3 and brother of petitioners, namely, Jitendra Kumar was solemnized 2015 and they have been falsely implicated in the present case with malafide intention. He further submits that the the petitioners are living separately from the respondent no.3 and her husband and on the date of incident, they were in hospital, hence, no offence is made out against the petitioners. The allegation levelled against the petitioners are absolutely false frivolous and baseless. No offence is made out against the petitioners, hence, FIR be quashed.
Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the FIR and submitted that the victim suffered injuries in the incident.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018/NS