Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 20624 of 2018 Petitioner :- Kunwar Vikas Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Tripathi,Ankit Kapoor,Anupama Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for the respondent nos. 1, 2 and 3; and perused the record.
The present petition has been filed for quashing the First Information Report dated 18.07.2018 registered as Case Crime No.372 of 2018, under Sections 323, 504, 506, 498-A, 354 I.P.C. and 3/4 D.P. Act, Police Station Bhelupur, District Varanasi.
As the matter emanated from a matrimonial dispute between husband and wife, it was referred to the Mediation Centre for exploring possibility of settlement between the parties.
Mediation Centre has submitted report dated 11.01.2019 that mediation was completed but no agreement could be arrived at between the parties.
In view of the above, we have examined the matter on merits.
The impugned FIR discloses commission of cognizable offence, therefore, the prayer of the petitioners to quash the FIR is not acceptable.
At this stage, learned counsel for the petitioners submitted that allegations are false and that there is no injury report in support of prosecution case.
Be that as it may, the correctness of the allegations are not to be tested in writ jurisdiction.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by observing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
The petition stands disposed off. Order Date :- 27.2.2019 Ajeet