Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25817 of 2019 Petitioner :- Ishtakar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 28.11.2019 registered as Case Crime No. 318 of 2019 at P.S. Narsaina, District- Bulandshahar, under Sections 323, 494 I.P.C. and section 3/4 The Muslim Women (Protection of Right on Marriage) Act, 2019.
The contention of the learned counsel for the petitioners is that although the allegation made in the impugned first information report discloses commission of cognizable offences but the allegations are absolutely false and they have been levelled on account of matrimonial differences between husband and wife.
Be that as it may, as correctness of the allegations is to be tested on the basis of material collected during the course of investigation and evidence led in trial, it would not be appropriate for us to quash the first information report, at this stage.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested in the above case till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
Order Date :- 18.12.2019 Sunil Kr Tiwari