Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25673 of 2018 Petitioner :- Najmul @ Najbul And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.K. Upadhyay, 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 29.8.2018, registered as Case Crime No.556 of 2018, u/s 376-D, 323, 504, 506 IPC, P.S. Kurawali, district Mainpuri.
Learned counsel for the petitioners submits that the petitioner no.3 is the husband of sister of respondent no.4 and series of matrimonial litigation are going on between the parties, hence present FIR has been lodged by respondent no.4 against the petitioner no.3 and his entire family members. The medical examination report of the victim shows that the injuries sustained are simple in nature and it appears that no injury has been received on her private part.
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 :- 17.9.2018 Gaurav