Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16117 of 2019 Petitioner :- Fazeel Ahmad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siraj Ahmad Khan,Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Siraj Ahmad Khan, learned counsel for the petitioners, Sri Pranav Ganguli, 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 1.5.2019 registered as case crime no. 370 of 2019, under sections 498-A, 323 IPC, P.S. Farrukhabad Kotwali, District Fatehgarh.
Learned counsel for the petitioners submits that the marriage of petitioner no. 1 and respondent no. 4 was solemnized on 14.4.2009 and out of the said wedlock three children were born, who are living with the petitioners. It is further submitted that prior to lodging of the present FIR, an FIR bearing Case Crime No. 892 of 2016, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D. P. Act was lodged on 7.9.2016 and investigation of the said case crime is still pending and respondent no. 4 is habitual in lodging the prosecution just one after another only to blackmail and put pressure upon petitioner no. 1(husband) to fulfil her demand of separate living.
It is further submitted that other petitioners are brother-in-law and mother-in-law of respondent no. 4 and they have been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass them. It is further submitted that it is a case of no injury, hence the same 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh