Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16725 of 2019 Petitioner :- Smt. Laxmi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Mishra,Manish Mishra Counsel for Respondent :- G.A.,Devi Deen Yadav
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
List revised. None appears on behalf of respondent no.3.
Heard Sri Anil Kumar Mishra, learned counsel for the petitioners, Sri Vimal Kumar Pandey, 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 petitioner with a prayer to quash the F.I.R. dated 26.05.2019, registered as Case Crime No. 477 of 2019, under Section 363, 366, 506 I.P.C., Police Station- Kotwali Nagar, District- Muzaffar Nagar.
It has been argued by learned counsel for the petitioners that petitioner no.1 is the victim in this case who is daughter of respondent no.3. She has been married with petitioner no.2 on her own free will and she is major as per the averments made in the F.I.R. itself. The petitioner no.3 and 4 are real brother and sister of petitioner no.2 and all of them have been falsely implicated in this case. The petitioners are innocent, hence the first information report lodged against them is liable to be quashed.
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.
Order Date :- 14.6.2019 shiv (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)