Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5002 of 2018 Petitioner :- Jaiveer Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioners have come up for quashing of the first information report in Case Crime No.79 of 2018 under Sections 420, 467, 468, 471, 323, 504, 506 I.P.C. Police Station Kotwali Fatehgrah district Farrukhabad.
The first information report has been lodged by the respondent no.3 alleging that her husband is in the Armed Forces and that she has been living with her father. A certain amount of money was transacted for purchase of a particular land which according to the complainant was purchased by the petitioners not in the name of the respondent no.3. This led to a panchayat being summoned by the complainant where a promise had been made to pay back an amount of Rs.2.40 lakhs to the respondent no.3 but till date nothing has been done and the petitioners have duped of their property as well as the amount referred to hereinabove.
Learned counsel submits that this is an allegation without foundation and the respondent no.3 had full remedy available in the nature of such a dispute which was primarily a civil dispute. In the circumstances keeping in view the nature of the allegations made as a matter of fact there was no evidence so as to lead to the conclusion that a criminal offence is made out and the lodging of the first information report is malicious.
We have considered the submissions raised and therefore at this stage we are not inclined to quash the first information report as evidence is yet to be collected but at the same time in view of the civil nature of the dispute we provide that the petitioners shall not be arrested or subjected to any coercive steps till the submission of police report under Section 173 (2) Cr.P.C. before the court concerned.
The writ petition stands disposed with the said observation.
Order Date :- 27.2.2018 R./