Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16197 of 2019 Petitioner :- Mohd. Danish And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Anand Kumar Singh, learned counsel for the petitioners, Sri V.K. Pandey, 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 01.06.2019 registered as case crime no. 485 of 2019, under sections 498A, 323, 504, 506, 376, 377 I.P.C. and section 3/4 D.P. Act, police station Chakeri, District Kanpur.
Learned counsel for the petitioners has submitted that the main dispute exists between the opposite party no. 3 who is wife of petitioner no. 1 Mohd. Danish and rest all the petitioner nos. 2 to 6 are father-in-law, Jeth, Jethani, married Nanad, Nandoi of respondent no. 3. Learned counsel for the petitioners has further submitted that due to matrimonial dispute whole family members of the petitioner no. 1 has been implicated in the present case. He has further submitted that the allegations levelled in the FIR appears to be unnatural, that Jeth of the respondent no. 3 is stated to have committed rape on her and due to which entire family is roped in the present case. The petitioners have no criminal antecedents. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR.
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. provided that they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 11.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)