Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
No notice is issued to the respondent no.3 in view of the order which is being passed.
By this petition, petitioners have prayed for quashing the F.I.R. dated 23/5/2010 registered as Case Crime No.1093/2010, under Sections 147,148,149,323,452,506 and 392 I.P.C. P.S.Sahibabad, District Ghaziabad.
Petitioners' case in the writ petition is that an F.I.R. was lodged by the respondent no.3 who is Father of petitioner Nos. 8 and 9 and Husband of petitioner no.7. Petitioner nos. 1 to 6 are other relatives of respondent no.3. It is submitted that the F.I.R. has been lodged due to matrimonial dispute between the petitioners and respondent no.3.
Be that as it may, a perusal of the F.I.R. discloses commission of offence and we do not find any ground for quashing the F.I.R. However, looking to the facts of the present case, and the submissions made by the learned counsel for the petitioners, we are of the view that till the report under Section 173 (2) Cr.P.C. is submitted, petitioners may not be arrested in pursuance of the F.I.R. dated 23/5/2010 registered as Case Crime No.1093/2010, under Sections 147,148,149,323,452,506 and 392 I.P.C. P.S.Sahibabad, District Ghaziabad..
With the aforesaid observation writ petition stands disposed of.
Order Date :- 29.6.2010 SB