Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2276 of 2019 Petitioner :- Kamlesh Dwivedi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Namit Kumar Sharma,Ajeet Kumar Chaurasiya Counsel for Respondent :- G.A.
Connected With:
Case :- CRIMINAL MISC. WRIT PETITION No. - 2277 of 2019 Petitioner :- Nitesh Dwivedi @ Nitesh Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Namit Kumar Sharma,Ajeet Kumar Chaurasiya Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
As present writ petition and the Writ Petition No. 2277 of 2019 arise out of a common FIR, both these petitions are being heard together and disposed of.
These writ petitions have been filed by the petitioners seeking quashment of FIR dated 03.12.2018 in respect of Crime No. 1098 of 2018 for the offence under Sections 498A, 323, 504, 506, 354 of I.P.C. and 3/4 D.P. Act, P.S.
Naubasta, District Kanpur Shahar.
As per pleadings made in the petitions, marriage of complainant, Smt. Garima Dubey was solemnized with Nitesh Dwivedi @ Nitesh Dubey (petitioner in petition no. 2277 of 2019). Petitioner no. 1, Kamlesh Dwivedi is father-in-law, petitioner no. 2, Nisha Dwivedi is mother-in- law, petitioner no. 3, Rishek Dwivedi is brother-in-law and petitioner no. 4, Ravindra Dubey is uncle-in-law of the complainant in writ petition no. 2276 of 2019. It also appears that complainant wanted to live separately but her husband refused to do so. It has also been pleaded in the petition no. 2276 of 2019 that petitioner no. 1, Kamlesh Dwivedi is suffering from hepatitis-B whereas petitioner no. 2, Nisha Dwivedi is suffering from cancer. It also appears that if petitioners are arrested, there would be hardly any chances of amicable settlement.
Considering the nature of allegations and the pleadings made in the petitions, we are not inclined to quash the proceedings.
However, we finally dispose of these petitions with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.1.2019 AKK/AV