Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5971 of 2017 Petitioner :- Dr. Anita Khurana Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Pal Singh Chauha,Narendra Singh Chahar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri J.P.Singh, learned counsel for the petitioner, Sri N.K.Verma, 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 2.4.2017 registered as Case Crime No.400 of 2017, under Sections 420, 406, 506 I.P.C., Police Station-Indrapuram, District Ghaziabad.
Learned counsel for the petitioners submits that as per the agreement clause, the dispute between the parties can be referred to arbitration, but the respondent no.3 has lodged the present FIR for the incident alleged to have taken place on 27.12.2015 just just for the purpose of harassment of the petitioner with malafide intention. No offence is made out against the petitioner.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017/NS