Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10102 of 2019 Petitioner :- Mohd. Arif And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; 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 07.03.2019, registered as Case Crime No.124 of 2019, under Sections 498-A, 323, 506, 354 I.P.C. and 3/4 D.P. Act, P.S. Tanda, District Rampur.
On 18.04.2019, this Court had required the learned A.G.A. to obtain a report from the police station concerned as to whether respondent no.4 was willing to settle the dispute with the petitioner-husband.
A short counter affidavit has been filed by Sub Inspector of the Police, P.S. Tanda, District Rampur, stating therein that respondent no.4 is not willing to come to a settlement.
In view of the above, we have proceeded to examine the matter on merits.
The learned counsel for the petitioners has submitted that the allegations are absolutely false and have been levelled only because the petitioner no.1 has instituted a suit i.e. Suit No.116 of 2018 in the Court of Family Judge, Moradabad, for restitution of conjugal rights. It has been stated that the respondent no.4, on her own, has left her marital home on 05.10.2018 and to exert pressure upon the petitioner, the impugned F.I.R has been lodged.
As the allegations made in the impugned F.I.R disclose commission of cognizable offence, and the short counter affidavit indicates that the matter is under investigation and the respondent no.4 is not agreeable to a settlement, the prayer of the petitioners to quash the first information report cannot be accepted. However, considering the facts and circumstances of the case, we deem it appropriate to dispose off the petition by providing that investigation of the aforesaid case shall continue and be brought to its logical conclusion but, subject to the petitioners' cooperation in the investigation, they shall not be arrested in the above noted case till submission of police report under Section 173(2) Cr.P.C.
The writ petition stands disposed off.
Order Date :- 30.4.2019 m.a.