Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20027 of 2018 Petitioner :- Kamla Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 08.6.2018 which has been registered as Case Crime No. 692 of 2018, under Sections-498A,307, 313,323, 504, 506 IPC and Section 3/4 D.P. Act, police station Chakeri, district Kanpur Nagar so far it relates to the petitioners. .
It is contended by learned counsel for the petitioners that the petitioners are mother-in-law and father-in-law of the respondent No.3 and the allegation of assault and offence under Section 313 IPC been made solely upon the husband, therefore, it is argued that the petitioner being parents of the husband have been falsely implicated in the present case by the respondent No.3. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the above directions, this petition is disposed of finally.
Order Date :- 26.7.2018 faraz