Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10765 of 2018 Petitioner :- Smt. Mradula And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anuj Bajpai, 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 11.1.2018, registered as Case Crime No.39 of 2018, under Sections 498A, 323, 504,506 I.P.C. and 3/4 D.P. Act, Police Station-Kalyanpur, District Kanpur City.
Learned counsel for the petitioners submits that the petitioners are the Nanad and Nandoi respectively of respondent no.3 as the marriage between the respondent no.3 and brother of petitioner no.1,namely, Praveen Kumar was solemnized in the year 2014 and they have been falsely implicated in the present case with malafide intention. He further submits that the the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. No offence is made out against the petitioners, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 :- 27.4.2018/NS