Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1752 of 2019 Petitioner :- Irshad And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Shahnawaz Shah Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 192 2018, under Sections- 498A, 323, 307, 354, 354(A), 376D, 504, 506 I.P.C. and Section 12 of Domestic Violence Act, P.S. Rohta, District Meerut.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; controversy involved in issue is matrimonial in nature; entire family members have been implicated on the basis of general allegation; there is a matrimonial dispute between the husband and wife; the husband is not a party in the present writ petition; that the marriage is of the year 2000 and after 17 years of marriage the present first information report has been lodged on a false and baseless allegation as mentioned in paragraph nos. 18, 19, 20, 21 and 24 that initially after the investigation the police has submitted a final report, however on a protest petition filed by the respondent an order of further investigation was passed and at present further investigation is going on and no police report as required to be filed has been filed till date and the investigation has not been completed.
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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present and also keeping in view the law as laid down by the Apex Court in the case of B. S. Joshi v. State of Haryana; 2003 (4) SCC 675, and Rajesh Sharma and Others v. State of U.P. And others (SLP (Crl.) No. 2013 of 2017 decided on 27.7.2017), we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of a fresh report under Section 173 (2) Cr.P.C., which is to be submitted in compliance of the order of further investigation passed by concerned court below in a protest petition, however, petitioners shall participate and co-operate with the investigation.
Order Date :- 22.1.2019 Mini