Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22117 of 2019 Petitioner :- Hakimuddin @ Hakim And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Ker Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ram Ker Singh learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 31.12.2018 in case crime No. 1594 of 2018, under Sections 376-D, 506 IPC, P.S. Sikandrabad, District Bulandshahr.
It is submitted by learned counsel for the petitioners that petitioner No. 1 is the uncle of petitioner No. 2 (brother-in- law of victim), it is an offshoot of matrimonial dispute, the matter has been amicably settled between the parties, victim after receiving Rs. Three lacs from her husband as her dower sworn an affidavit dated 4.5.2019 to the effect that allegations levelled against the petitioners are false, no offences are made out, FIR be quashed.
Per contra, learned A.G.A has opposed the submission and submits that the FIR cannot be quashed at the stage of investigation as it discloses cognizable/henious offences in view of the decision of the Apex Court in State of M.P. Vs. Laxmi Narayan & others reported in [AIR 2019 SC 1296].
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but 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 their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 30.9.2019 AS