Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7398 of 2018 Petitioner :- Mashroof And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avneesh Tripathi,Ratnesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.K. Shukla, learned counsel for the petitioner, Sri Vikas Sahai, 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 10.1.2018 registered as case crime no. 12 of 2018 under sections 498-A, 376, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Garhmukteshwar, District Hapur.
Learned counsel for the petitioners submits that the petitioners are husband and devar of respondent no. 3. The marriage between petitioner no. 2 and respondent no. 3 was solemnized in the year 2013. Thereafter some dispute arose between the parties on account of which present F.I.R. has been lodged by respondent no. 3 against her husband and his all family members levelling false and frivolous allegations. He submits that the present F.I.R. has been challenged by other co-accused persons before this Court in Crl. Misc. Writ Petition No. 3773 of 2018 in which interim protection was given to them by this Court vide order dated 16.2.2018 copy of which has been annexed at page-93 of the present petition, hence the petitioners are also entitled for the same relief..
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.3.2018 Shiraz