Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14298 of 2018 Petitioner :- Ashok Singh Parihar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Tripathi,Pankaj Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Tripathi, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with the prayer for quashing the impugned FIR dated 12.1.2018, registered as case crime no.11 of 2018, u/s 498/323/506/406 IPC and 3/4 D.P. Act, P.S. Kotwali Nagar, district Hamirpur.
Learned counsel for the petitioners submits that respondent no.3 is legally wedded wife of petitioner no.3. The dispute between the parties is matrimonial in nature. The FIR has been registered u/s 498/323/506/406 IPC and 3/4 D.P. Act. While registering the present FIR, in place of Section 498-A IPC, Section 498 has been mentioned.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioners, we direct the S.P, Hamirpur to verify the fact whether the case is under Section 498 IPC or 498-A IPC.
It is further directed that the petitioners shall not be arrested in above mentioned case, till submission of the police report under section 173(2) Cr.P.C.
With the aforesaid directions, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.5.2018 Gaurav