Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16043 of 2019 Petitioner :- Ashish And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Sharma,Pankaj Sharma Counsel for Respondent :- G.A.,Mohammad Khalid,Pawan Kumar Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Prashant Sharma, learned counsel for the petitioners, Sri P. K. Yadav, learned counsel for the private respondent and 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 11.5.2019 registered as case crime no. 0073 of 2019, under Sections 498-A, 323, 504, 506, 354 (kha) IPC and Section 3/4 f D. P. Act, P.S. Mahila Thana, District Ghaziabad.
It is contended by learned counsel for the petitioners that after compromise entered into between the parties, all the articles in question had already been delivered by the petitioner no. 1, who is husband of respondent no. 4. It is further submitted that the FIR has been lodged on the basis of application under Section 156(3) Cr.P.C. and the petitioners have been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. as well as learned counsel for the private respondents opposed the prayer for quashing and has contended that the petitioners have not adhered to the terms and conditions of the compromising entered into between the parties.
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 RavindraKSingh