Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16069 of 2019 Petitioner :- Geeta Devi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Sri Shri Ram Pandey has put in appearance on behalf of respondent no.4 which is taken on record.
Heard Sri Amar Singh Yadav, learned counsel for the petitioners, Sri Vimal Kumar Pandey, learned A.G.A. for the State and Sri Shri Ram Pandey, learned counsel for the respondent no.4 and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 20.5.2019 registered as case crime no.168 of 2019, under section 364 I.P.C., police station Kayamganj, District Fatehgarh.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. Learned counsel for the petitioners has further submitted that petitioner no.1 is victim in the present case, she herself has moved an application before the S.S.P. Fatehgarh stating therein that she was not beaten by any one. She had left the house of her husband of her own free will because she was beaten by her husband. The said application is annexed at page 36 of the paper book. The petitioner no.1 is a married lady and is major.
Learned A.G.A. as well as learned counsel for respondent no.4 have 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.
Order Date :- 10.6.2019 Neeraj (Pradeep Kumar Srivastava,J) (Dinesh Kumar Singh-I, J.)