Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5068 of 2019 Petitioner :- Mahima Choudhary @ Dolly And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Saran,Rohan Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 16.01.2019 registered as Case Crime No.158 of 2019, under Sections 147, 452, 323, 504, 506, 380 IPC, P.S.
Sahibabad, District Ghaziabad.
The allegation in the first information report is that the informant (Anuj Kumar) is husband of the petitioner no.1 Smt. Mahima Choudhary; that there had been matrimonial differences, therefore the informant had instituted a divorce proceeding in the Family Court at Bulandshahr against Mahima Choudhary; that 30.01.2019 is the date fixed in the divorce proceedings; that upon coming to know about divorce proceeding, on 26.12.2018, accused persons including Mahima Choudhary came to the house of the informant and assaulted him thereby causing him injuries.
The contention of the learned counsel for the petitioners is that, in fact, on 26.12.2018, the petitioner no.1 was severely beaten by the informant and she had to call her family members to save herself. When her family members arrived, they were also assaulted. It is stated that she has been medically examined for all her injuries and a prompt first information report of the incident dated 26.12.2018 was also lodged on 27.12.2018. It has been submitted that no explanation of the injuries sustained by the accused is there in the first information report lodged by the respondent no.4 (informant-Anuj Kumar).
Be that as it may, on the above grounds, the first information report cannot be quashed because as to which party was aggressor would have to be determined on the basis of the material collected during the course of investigation and the evidence led in trial. It is well settled that there can be cross versions of an incident and, therefore, on the grounds taken, the prayer to quash the first information report cannot be accepted and is, accordingly, rejected.
However, looking to the facts and circumstances of the case as also that the petitioner no.1 is the wife of the respondent no.4 and has sustained injury and a first information report has been lodged from the side of the petitioners against the other side, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 25.2.2019 AKShukla/-