Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25389 of 2018 Petitioner :- Jhamman Lal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Salilendu Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Upadhyay, 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 with the prayer to quash the F.I.R. dated 26.8.2018, registered as Case Crime No.1047 of 2018, u/s 147, 148, 323, 324, 392 IPC, P.S. Kotwali City, district Etah.
Learned counsel for the petitioners submits that petitioner no.1 is the husband of sister of respondent no.4. There was matrimonial dispute going on between them on account of which present FIR has been lodged against the petitioner no.1 and his family members by respondent no.4. It is a case of no injury, the said fact is mentioned in para no.18 of the present petition. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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. subject to the condition that if there is any injury found on the person of wife of the petitioner no.1, this order shall not be given effect to and the interim order in favour of the petitioners shall automatically stand discharged.
With the above direction this petition is finally disposed of.
The copy of this order shall be produced by the petitioner before the S.P./S.S.P concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Gaurav