Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20505 of 2018 Petitioner :- Gulab Chand Gupta And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhay Kumar Kushwaha Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Kushwaha, 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 26.5.2018, registered as case crime No.487 of 2018, under Sections 419, 420, 323, 504, 506, 406, 392 I.P.C. and Section 3(1) (d) of SC/ST Act, P.S. Cantt., District Varanasi.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that daughter of petitioner no.1 was married to the friend of respondent no.4, namely, Chankan Kumar Gupta and there was some matrimonial dispute between the husband and wife, on account of the impugned FIR has been lodged by respondent no.4 at the instance of husband of daughter of petitioner no.1 against the petitioners levelling absolutely false and frivolous allegations, though no offence is made out against the petitioners, 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 :- 31.7.2018/NS