Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5046 of 2018 Petitioner :- Dhan Devi And 03 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ramesh Chandra Pal Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.C. Pal, learned counsel for the petitioner, Sri J.K. Singh, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 5.1.2018 registered as case crime no. 15 of 2018 under sections 498-A, 323 I.P.C. and 3/4 D.P. Act, police station Kamalganj, District Farrukhabad.
Learned counsel for the petitioners submits that the marriage of petitioner no. 4 was solemnized with respondent no. 3 in the year 2014. Thereafter respondent no. 3 started living with one Mahendra on account of which the petitioner no. 4 filed a divorce suit for dissolving the said marriage. The said suit was decreed on 15.12.2017, the said fact has been mentioned in para-8 of the present petition, hence the respondent no. 3 lodged the present F.I.R. against the petitioners levelling false and frivolous allegations which is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz