Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26730 of 2018 Petitioner :- Munna Lal And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Dubey, learned counsel for the petitioners, 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 with the prayer to quash the F.I.R. dated 16.8.2018, registered as Case Crime No.823 of 2018, u/ 365 IPC, P.S. Hathras Gate, district Hathras.
Learned counsel for the petitioners submits that the daughter of petitioner no.1 and 3 was enticed away by the brother of respondent no.3 for which FIR was lodged against him u/s 363, 366 IPC which was registered as Case Crime No.1000 of 2017. It is further submitted that the said FIR was challenged by Krishna Gopal and the daughter of the petitioners in which their arrest was stayed by the competent court. The daughter of petitioner no.1 and 3 is living with Krishna Gopal. The present FIR has been lodged by the respondent no.3 with an allegation that his wife has been abducted by the petitioners, the said allegation is false one a the present FIR has been lodged as a pressure tactics to compromise the matter, hence present FIR lodged against the petitioners be quashed.
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 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 :- 25.9.2018 Gaurav