Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1308 of 2019 Petitioner :- Khushabu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Pal Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Pradeep Kumar Pal, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 08.12.2018 in respect of Crime No. 1229 of 2018 for the offence under Sections 323, 504 of I.P.C. & 3(2)(Va.) SC/ST Act, P.S. Majhola, District Moradabad.
Learned counsel for the petitioners submits that there was some dispute between Ajay Sharma and daughter of petitioner no. 2, Radha Sharma and while efforts were going on for amicable settlement, respondent no. 4, Arti Kumari intervened, resulting some altercation between two families. Learned counsel submits that taking the advantage of her caste, respondent no. 4 has lodged an absolute false report implicating both the petitioners who are lady members. Learned counsel further submits that if no protective order is given to the petitioners, they would suffer irreparable loss.
On the other hand, learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition 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 :- 21.1.2019 AKK/Anand