Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4735 of 2018 Petitioner :- Smt. Dinesh Kanti And Anr.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Sachan,Sandhya Sachan Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.K.Sachan, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 15.9.2017 registered as Case Crime No.648 of 2017, under Sections 498A, 323, 504, 506, 376, 377, 354 I.P.C. and 3/4 D.P. Act, Police Station Barra, District Kanpur Nagar.
Learned counsel for the petitioners submits that the petitioners are mother-in-law and sister- in-law (nanad) of respondent no.3 as the marriage between respondent no.3 and son of petitioner no.1, namely, Gaurish Agnihotri was solemnized on 1.3.2012 and they have been falsely implicated in the present case. He further submits that the husband of respondent no.3 is stated to have moved surrendered application. It is a case of no injury. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
The case of the petitioners is distinguishable from the case of co-accused Gaurish Agnihotri (husband of respondent no.3).
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018/NS