Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23403 of 2018 Petitioner :- Mukesh Babu Sharma And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.,Bindeshwari Prasad Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Kumar, learned counsel for the petitioners, Sri Bindeshwari Prasad Mishra, learned counsel for the private respondent, Sri N.K. Verma, 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 1.8.2018 registered as case crime no. 0720 of 2018 under sections 323, 504, 506, 307 I.P.C., police station Nauhjheel, District Mathura.
Learned counsel for the petitioners submits that the marriage of daughter of the petitioner no.1 was solemnized with the first informant on 28.11.2017. There appears to be matrimonial dispute between the parties. The petitioner no. 1 is father-in-law and petitioner nos. 2 and 3 are brothers-in-law of the first informant. Earlier the petitioner no. 1 has lodged an FIR against the respondent no. 3 and his brother on 29.7.2018 as Case Crime No.0696 of 2018 under sections 498A, 323 IPC and section 3/4 Dowry Prohibition Act, P.S. Kasganj, District Kasganj. As a counter-blast the present FIR has been lodged against the petitioners.
Learned A.G.A. as well as learned counsel for the private respondent vehemently opposed the prayer for quashing. Learned counsel for the private respondent has produced a supplementary medical report which is taken on record and it is stated that serious attempt has been made by the petitioner to kill the respondent no. 3 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 :- 27.8.2018 AU