Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22786 of 2018 Petitioner :- Bhupendra Chaubey And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mata Achal Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.A. Mishra, learned counsel for the petitioners, Sri N.K. Verma, 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 with the prayer to quash the F.I.R. dated 2.8.2018, registered as Case Crime No.562 of 2018, u/s 324, 376D, 377, 392, 506 IPC, P.S. Jhunsi, district Allahabad.
Learned counsel for the petitioners submits that petitioner no.1 is the husband of respondent no.4. It is stated that earlier there was some matrimonial dispute between them, hence present FIR has been lodged by respondent no.4 against the petitioner no.1 in which his arrest has been stayed, copy of the same is annexed on page 46 to 48 of the present petition. This is the another FIR by respondent no.4 against her husband and his family members just for their harassment.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 Gaurav