Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2155 of 2019 Petitioner :- Beena Gupta and 4 Others Respondent :- State Of U.P. and 3 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Jai Prakash Singh, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 15.4.2018 registered as Case Crime No. 0254 of 2018 under sections 498A, 323, 506 I.P.C. & 3/4 D.P. Act, P.S. Ujhani District Badaun.
Learned counsel for the petitioners submits that it's an offshoot of a matrimonial dispute, a case of no injury, in which apart from the husband, mother-in-law, brothers-in-law, sister-in-law have been falsely implicated with ulterior motives, no offence is made out, F.I.R. be quashed Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 29.1.2019 Ram Murti