Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15979 of 2019 Petitioner :- Ashok Kumar Gupta And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Chandra Srivastava,Alok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri N.C. Srivastava, learned counsel for the petitioners, Ms. Archana Singh, 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 15.10.2018 registered as F.I.R. No. 478 of 2018 under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Allahabad.
Learned counsel for the petitioners submits that petitioner no. 1 is the husband of respondent no. 4. Their marriage was solemnized in the year 2018. Thereafter some differences arose between them as respondent no. 4 was pressurizing the petitioner no. 1 to live separately which was refused by him, hence the petitioners have been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass them, 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