Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16167 of 2019 Petitioner :- Smt. Kalpana And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Manish Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Manish Yadav, 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 F.I.R. dated 7.5.2019 registered as case crime no. 415 of 2019 under sections 147, 452, 398-A, 323, 504, 506, 354 (B) I.P.C. and 3/4 D.P. Act, police station Tajganj, District Agra.
Learned counsel for the petitioners submits that the petitioners are in-laws of respondent no. 3. The husband of the respondent no. 3, namely, Manish Sharma has already approached this Court by filing Crl. Misc. Writ Petition No. 15884 of 2019 which was disposed of by Co-ordinate Bench of this Court vide order dated 6.6.2019 directing to appear before the court below and obtain bail. He submits that only general allegation has been levelled against the petitioners. They have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the present F.I.R. against them is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Shiraz