Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36999 of 2018 Petitioner :- Dinesh Chand Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- G.A.,Rahul Mishra,Sanjay Mishra
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sunil Kumar Dubey, learned counsel for the petitioner, Sri Sanjay Mishra, learned counsel for the complainant and Sri Amit Sinha, learned AGA for State.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 22.10.2018 in respect of Case Crime No. 793 of 2018 under Sections 498A,323, 307, 504, 506, 354(A) of IPC and section 3/4 of D.P.Act, Police Station Noida Sector-24, district, Gautam Budh Nagar.
Learned Counsel for the petitioner submits that the petitioner is an uncle of Arun Tyagi whose marriage was solemnized with Smt. Tanu Tyagi on 03.03.2017. Unfortunately, the couple could not adjust at U.S.A. and Tanu Tyagi leaving her husband returned to India. He submits that all possible efforts have been made by the family members of Arun Tyagi to arrive at an amicable settlement between the parties but yielded no result. It has been argued that no report has been lodged by Tanu Tyagi and it is her father, who has lodged a false report. It has been further argued that the petitioner is a retired police employee and has nothing to do with the personal affairs between the husband and wife. He however, did make some efforts for amicable settlement between the parties. Learned counsel submits that even if entire prosecution case is taken as it is, no offence as alleged is made out against the petitioner and almost similarly placed accused Rajnish Tyagi maternal uncle of Arun Tyagi has been granted protection by this court vide order dated 12.12.2018 passed in Criminal Misc.Writ Petition No. 36115 of 2018 (Rajnish Tyagi Vs. State of U.P. ) On the other hand, learned State Counsel and learned counsel for complainant oppose the submission.
Be that as it may, keeping in mind the nature of allegation levelled against the petitioner, we are not inclined to quash the first information report. The petition in that respect is dismissed.
However, in the larger interest, considering the nature of allegations, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.
P.C before the Court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
The petition is accordingly, disposed of.
Order Date :- 19.12.2018 Shahid