Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15973 of 2019 Petitioner :- Arvind Kumar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Jatan Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R.J. Yadav, learned counsel for the petitioners, Sri Deepak Mishra, 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 by the petitioners with a prayer to quash the F.I.R. dated 11.9.2018 registered as case crime no. 605 of 2018 under sections 498-A, 452, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Sikandrarau, District Hathras.
Learned counsel for the petitioners submits that the respondent no. 3 is the wife of petitioner no. 1. Their marriage was solemnized in the year 2014. Thereafter some differences arose between them. He submits that earlier the respondent no. 3 lodged an F.I.R. against the petitioners at district Agra in which final report was submitted before the court concerned and the same was accepted. Thereafter, she lodged the present F.I.R. at district Hathras levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz