Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20318 of 2018 Petitioner :- Arun And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Faisal Khan, learned counsel for the petitioners, Sri Deepak Mishra, 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 7.7.2018, registered as case crime No.485 of 2018, under Sections 354, 323, 504, 506 I.P.C., P.S. Jhinjhana, District Shamli.
Learned counsel for the petitioners submits that the petitioner no.1 is brother-in-law, petitioner no.2 is mother-in-law and petitioner no.3 is father-in-law of the victim respondent no.3 respectively and they have been falsely implicated in present case. He further submitted that the marriage between the son of petitioner nos. 2 and 3, namely, Anil and respondent no.3 was solemnized one year ago and there was some matrimonial dispute between the husband and wife, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegations against them, though no offence is made out against the petitioners. The husband of respondent no.3 has not been made an accused in the present case. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
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 :- 30.7.2018/NS