Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25965 of 2019 Petitioner :- Dharmendra And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 13.09.2019 registered as Case Crime No. 87 of 2019 at P.S. Mahila Thana, District- Bulandshahar, under Sections 498-A, 323, 504, 354 I.P.C. and section 3/4 D.P. Act.
The contention of the learned counsel for the petitioners is that although the allegations may disclose commission of cognizable offence but the fact of the matter is that the allegations are absolutely false and they have been levelled only because much before the lodging of the first information report, the petitioner no.1 had filed a petition for restitution of conjugal rights which is pending as Case No. 341 of 2019 in the Family Court at Gautam Budh Nagar.
Be that as it may, as the allegations disclose commission of cognizable offences, the matter would have to be investigated and therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
Order Date :- 20.12.2019 Sunil Kr Tiwari