Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37974 of 2018 Petitioner :- Chhunnu Lal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Ms. Annapurna Devi holding brief of Sri Rajeev Tiwari, learned counsel for the petitioners and Sri G.P. Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 23.10.2018, registered as case crime no.1013 of 2018, u/s 498-A, 323, 354(A) IPC and 3/4 D.P. Act, P.S. Auraiya, district Auraiya.
Learned counsel for the petitioners submits that the petitioners are the in- laws of respondent no.3. The marriage between the son of petitioner no.2 and respondent no.3 was solemnized in the year 2012. The allegations made against the petitioners are absolutely false, frivolous and baseless, hence present FIR be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that though there appears to be offence u/s 323 IPC but the medical examination report of the victim has not been annexed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Gaurav