Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15958 of 2019 Petitioner :- Lalit Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R.P.Tiwari, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 17.5.2019, registered as case crime No.188 of 2019, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Nawabganj, District Bareilly.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the marriage between petitioner no.1 and respondent no.3 was solemnized on 11.2.2015 and after marriage there appears to be some matrimonial dispute arose between the husband and wife, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioner no.1 and his entire family members levelling absolutely false and frivolous allegations, though no offence is made out against them, hence, FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 :- 10.6.2019/NS