Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5345 of 2019 Petitioner :- Dharmendra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Manish Yadav, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 7.2.2019 registered as Case Crime No. 83 of 2019, under sections 498-A, 323 I.P.C and 3/4 D.P. Act, P.S. Etmaddaula, District Agra.
It is submitted that initially, respondent no.3 lodged an NCR in respect of an occurrence dated 22.11.2018 on 23.11.2018, under Sections 323, 504, 506 IPC, which is pending and in pendency thereof, the impugned FIR in respect of the same occurrence has been lodged by the petitioners, it's an off-shoot of matrimonial dispute, a case of no injury, allegations are exaggerated and maneuvered only with a view to coerce the petitioner to come to terms.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.2.2019 / N.S.Rathour