Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23076 of 2018 Petitioner :- Mohit And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zafeer Ahmad Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Zafar Abbas, holding brief of Sri Zafeer Ahmad, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 23.6.2018, registered as case crime No.761 of 2018, under Sections 376, 377, 323, 506 I.P.C.,P.S. Majhola, District Moradabad.
Learned counsel for the petitioners submits that the petitioner no.1 is husband and petitioner no.2 is nandoi of respondent no.4 respectively as the marriage between the petitioner no.1 and respondent no.4 was solemnized in the year 2016. He further submits that there was some matrimonial dispute between the petitioner no.1 and respondent no.4, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners levelling absolutely false, frivolous and baseless allegations, though no offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of 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. but they 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 :- 24.8.2018/NS