Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21926 of 2019 Petitioner :- Banne Babu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hari Bhawan Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Hari Bhawan Pandey, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 24.8.2019, registered as Case Crime No.1023/2019, under Section 323 IPC and under Section 3/4 of the Muslim Woman (Protection of Rights on Marriage) Act, 2019, P.S. Kotwali Urai, Jalaun.
It is submitted by learned counsel for the petitioner that the parties (husband and wife) had already entered into a settlement (Annexure-4 to the petition), pursuant to which they are living on a different floor in the same building, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019 Chandra