Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26683 of 2018 Petitioner :- Iddan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Shahi,Ashish Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This petition has been filed by the petitioners with the prayer to quash the impugned F. I. R., which has been registered as Case Crime No. 403 of 2018, under sections-498A, 323, 504 and 506 IPC and Sections-3/4 D. P. Act at P. S.-Kotwali, district-Maharajganj.
It has been submitted by learned counsel for the petitioners that the impugned F. I. R. has been lodged by the respondent no. 3 against the petitioners, who are her father-in-law (sasur), brother-in-law (jeth) and sister-in-law (jethani) without nominating her husband and alleging commission of offfence by them under Sections-498A, 323, 504 and 506 IPC and Sections-3/4 D. P. Act. He has also submitted that the allegations made in the impugned F. I. R. are palpably false and not supported by any credible evidence, hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.
Order Date :- 25.9.2018 HR