Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10372 of 2018 Petitioner :- Kamla Shankar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikas Srivastava, 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 12.4.2018, registered as Case Crime No.30 of 2018, u/s 323, 354-A, 354-B, 504, 506 IPC, P.S. Durgaganj, district Bhadohi.
Learned counsel for the petitioners submits that earlier an FIR was lodged by the wife of petitioner no.1 against the husband of respondent no.3 which was challenged by him by filing Criminal Misc. Writ Petition No.9507 of 2018 in which interim protection has been granted in his favour by this Court on 16.4.2018, hence present FIR has been lodged by the respondent no.3 at the instance of her husband, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Copy of the order granting interim protection in favour of husband of the respondent no.3 supplied by learned counsel for the petitioners is taken on record.
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 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 :- 24.4.2018 Gaurav