Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7206 of 2018 Petitioner :- Naeem And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irshad Husain,Syed Imran Ibrahim Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Syed Imran Ibrahim, learned counsel for the petitioners, Ms. Ibha Sinha, 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 impugned NCR dated 15.11.2017 registered as Case Crime No.324 of 2017, under Sections 364, 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Arniya, District Bulandshahr.
Learned counsel for the petitioners submits that the marriage between petitioner no.1 and respondent no.3 was solemnized in the year 2013 and petitioner no.2 is brother-in-law of the first informant and petitioner no.3 is cousin of petitioner no.1. He further submits that earlier an FIR was also lodged against the petitioner no.1 & 2 for the offence under Section 498A I.P.C. etc. by respondent no.3 in which petitioners no.1 and 2 have already got themselves bailed out. Thereafter, again the present NCR has been lodged by respondent no.3 with an allegation that she was kidnapped by the petitioners which is absolutely false as she herself has lodged the present NCR just to give serious colour to the incident. He further further submits that no offence is made out against the petitioners, hence, FIR is liable to 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.3.2018/NS