Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37810 of 2018 Petitioner :- Gudiya Malik And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dushyant Singh,Mahesh Chand Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 03.12.2018 lodged in Case Crime No. 1564 of 2018 under Sections 363, 366 I.P.C., Police Station Shamli, District Shamli.
Learned counsel for the petitioners has submitted that the petitioner nos.1 and 2 are present before this Court and that the petitioner no.1 out of her own free will and consent has solemnised marriage with the petitioner no.2 and since the respondent no.4, who is the uncle of the petitioner no.1 was not happy with the marriage, therefore lodged the impugned F.I.R., on false allegations. Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.4 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co- operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 21.12.2018/S.Ali