Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23398 of 2018 Petitioner :- Dhiraj Bhati And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Pandey, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 5.8.2018 registered as case crime no. 728 of 2018 under sections 364, 376D I.P.C., police station Sikandrabad, District Bulandshahar.
Learned counsel for the petitioners submits that the daughter of respondent no. 3 was married with the son of petitioner no. 1. There was some matrimonial dispute between them on account of which the daughter of respondent no. 3 left her matrimonial home and on account of said dispute, the respondent no. 3 lodged the present F.I.R. after five months of the incident on the basis of application under section 156 (3) Cr.P.C.against the petitioners levelling false and frivolous allegations though the daughter of respondent no. 3/victim is at present living in her parental home, the said fact has been mentioned in the para-13 of the present petition, hence the present F.I.R. 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 Shiraz