Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20481 of 2018 Petitioner :- Kamal Kishor And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vivek Kumar Mishra, learned counsel for the petitioners, Sri N.K. Verma, 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 petitioner with a prayer to quash the F.I.R. dated 09.06.2018 registered as case crime no.301 of 2018 under sections 380, 302, 201 I.P.C., police station Faridpur, District Bareilly.
Learned counsel for the petitioners submits that the daughter of the petitioner no. 1 was married to respondent no. 4 and it is stated that there was matrimonial dispute between them. The daughter of the petitioner no. 1 allegedly lived in the house of the petitioner no.1 and she died on account of sudden ailment. The last rite was also performed by the petitioners. The present FIR has been lodged by the respondent no. 4 against the petitioners for harassment.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 AU