Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23416 of 2018 Petitioner :- Madan Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjit Kumar,Vikash Chandra Tiwari Counsel for Respondent :- G.A.,Azaz Ahmad
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vikash Chandra Tiwari, Sri Azaz Ahmad, learned counsel for the private respondent, learned counsel for the petitioner, Sri Deepak Mishra, 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 24.7.2018 registered as case crime no.1512 of 2018 under sections 313, 315, 307, 504, 506, 120B, 34 I.P.C., police station Kavi Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that there is a matrimonial dispute between the parties and the impugned FIR has been lodged on the basis of an application under section 156 (3) Cr.P.C. with malafide intention by respondent no.3 against the petitioners. It is further submitted that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. From the perusal of the FIR, no offence is made out against the petitioner, hence the same be quashed.
Learned A.G.A. as well as learned counsel for the private respondent vehemently 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. (Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 AU