Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16673 of 2019 Petitioner :- Chandra Prakash Parihar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh,Ajay Vikram Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.K.Singh, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 25.5.2019, registered as Case Crime No.32 of 2019, under Sections 498-A, 306, 376, 511, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Pachhaygav, District Etawah.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the husband of respondent no.4 committed suicide and an FIR was lodged from the side of the petitioners against respondent no.4 and others which was challenged before this Court in in Crl. Misc. Writ Petition No.12100 of 2019 in which their arrest has been stayed by Coordinate Bench of this Court on 6.5.2019, copy of which is annexed as Annexurre-7 (at page-74) of the writ petition, hence, in counter-blast the impugned FIR has been lodged against the petitioners by respondent no.4 for the same offence levelling absolutely false, frivolous and baseless, though no offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 14.6.2019/NS