Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19980 of 2018 Petitioner :- Faheemuddin And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Vashisth Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Vashisth, learned counsel for the petitioners, 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 14.7.2018, registered as case crime No.912 of 2018, under Sections 354(B), 376, 511, 506, 452, 323 I.P.C., P.S. Lisari Gate, District Meerut.
Learned counsel for the petitioners submits that the petitioner no.1 is devar, petitioner no.2 is Chachiya Sasur and petitioner no.3 son of petitioner no.1 (nephew) of respondent no.3 respectively and they have been falsely implicated in the present case with malafide intention. He further submitted that respondent no.3 is wife of elder brother of petitioner no.1 who was ousted by the petitioners and other family members as he was having some bad habits. He further submitted that respondent no.3 along with her daughters was living with petitioner no.1 and his family members and petitioner no.1 has also brought up children of respondent no.3 and one of elder daughter of respondent no.3 is Charted Accountant, but thereafter there appears to be some dispute arose between the parties with respect to property, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegations, though no offence is made out against them, hence, FIR is liable to be quashed by this Court.
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 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 :- 26.7.2018/NS