Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10867 of 2018 Petitioner :- Mahtab And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.,Shodan Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioners is permitted to make necessary correction in the present petition.
Heard Sri Nipun Singh, learned counsel for the petitioners, Sri Shahnawaz Khan holding brief of Sri Shodan Singh, learned counsel for the respondent no.3 and Sri G.P. Singh, 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 with the prayer to quash the F.I.R. dated 26.2.2018, registered as Case Crime No.147 of 2018, u/s 377, 376, 354 IPC, P.S. Mawana, district Meerut.
Learned counsel for the petitioners submits that the respondent no.3 is the wife of petitioner no.1. The petitioners are real brothers. There was some dispute between the husband and wife on account of which present FIR has been lodged by the respondent no.3 against the petitioners.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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 :- 27.4.2018 Gaurav