Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16484 of 2019 Petitioner :- Km. Soniya (Minor) And 3 Others Respondent :- State Of U.P. Through Superintendent Of Police, Hapur, And 2 Other Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Harish Chandra, learned counsel for the petitioners, Ms. Archana 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 by the petitioners with a prayer to quash the F.I.R. dated 1.6.2019 registered as case crime no. 244 of 2019 under sections 211, 387, 504, 506, 341, 353 I.P.C., police station Pilkhua, District Hapur.
Learned counsel for the petitioners submits that earlier uncle of petitioner no. 1 had lodged an F.I.R. against respondent no. 4 which was registered as case crime no. 239 of 2019 for the offence under sections 323, 504 I.P.C. and 3 (1) (da), 3 (1) (dha), 3 (2) (vi) S.C./S.T. Act, hence as a pressure tactics the petitioners have been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Shiraz