Hon'ble Yogesh Chandra Gupta,J.
Heard, learned counsel for the petitioners and the learned Additional Government Advocate.
No notice is issued to the respondent no.4 in view of the order which is being passed. Liberty is reserved to the respondent for variation/modification of the order if he feels aggrieved.
By this petition, petitioner has prayed for quashing the F.I.R. dated 12/6/2010 in Case Crime No. 1185/2010, under Sections 147, 323, 504, 506 and 452 I.P.C. P.S. Kotwali Khalilabad District-Sant Kabir Nagar. Learned counsel for the petitioner contends that the respondent no.4 had earlier filed criminal complaint in which summons were issued. Learned counsel for the petitioner submits that an application under Section 156 (3) Cr.P.C. was submitted on the basis of which now F.I.R. has been registered on 12/6/2010. Petitioner's case is that due to matrimonial dispute and in counter blast this F.I.R. has been lodged.
Be that as it may, a perusal of the F.I.R. indicates prima-facie commission of offence and we are satisfied that no good ground has been made out for quashing the F.I.R. However, looking to the facts of the present case, and on the submissions made by the learned counsel for the petitioner, we provide that till the submission of the report by the police under Section 173 (2) Cr.P.C. the petitioner shall not be arrested in pursuance of the F.I.R. dated 12/6/2010 in Case Crime No. 1185/2010, under Sections 147, 323, 504, 506 and 452 I.P.C. P.S. Kotwali Khalilabad District-Sant Kabir Nagar.
With the aforesaid observation writ petition stands disposed of.
Order Date :- 29.6.2010 SB