Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16093 of 2019 Petitioner :- Israr Miya And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Vindeshwari Prasad, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 22.05.2019 registered as Case Crime No. 108 of 2019, under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station- Jarif Nagar, District- Budaun.
Learned counsel for the petitioners submits that petitioner no. 1 is the husband of sister of respondent no. 3. Their marriage was solemnized about five years ago. Thereafter, some dispute arose between the parties on account of which present F.I.R. has been lodged levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing the F.I.R.
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.
Order Date :- 11.6.2019 Shubhankar (Vivek Varma, J.) (Ramesh Sinha, J.)