Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4734 of 2019 Petitioner :- Jitendra Gautam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Dharmendra Kumar Singh, learned counsel for the petitioners and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing he F.I.R. dated 7.01.2019, registered as Case Crime No.03 of 2019 under Sections 363, 366, 323, 504, 506, 354 I.P.C. Police Station- Khetsarai, District-Jaunpur.
In the F.I.R., in substance the allegation has been made that on 25.09.2018 at 12 P.M. the accused came to the house of the informant and stated that his daughter Kumari Savita had married to Jitendra petitioner no.1, and asked for her Vidai. He alleged that his daughter has never married to Jitendra and the false allegation has been made against her.
Learned counsel for the petitioner submits that the marriage of Savita and Jitendra has been registered in the Marriage Registration Office on 23.02.2018. Thereafter Savita went to her parents house and they refused their Vidai then Jitendra filed a matrimonial suit No. 730 of 2018 under Section 9 of Hindu Marriage Act for Institution of Conjugal Rights which is pending. When the notice of the suit was received by him then the false allegation has been alleged in the present F.I.R. by way of an order under Section 156(3) Cr.P.C.
In the facts of the case, this writ petition is disposed of with a direction that the petitioners shall not be arrested in Case Crime No.03 of 2019 under Sections 363, 366, 323, 504, 506, 354 I.P.C. Police Station-Khetsarai, District-Jaunpur till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 21.2.2019 Rahul.