Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25796 of 2019 Petitioner :- Naresh Tomar And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 08.12.2019 registered as Case Crime No.483 of 2019, under Sections 498-A, 323, 504, 506, 377 IPC and Section 3/4 of D.P. Act, P.S. Dhaulana, District Hapur.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report disclose commission of cognizable offence but these allegations are absolutely false and have been levelled on account of matrimonial differences between the husband and wife. It has been submitted that just to exert more pressure upon the husband to extract a favourable settlement, the entire family of the husband have been implicated.
Be that as it may, as allegations disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that in so far as petitioner no.1 (Naresh Tomar); petitioner no.3 (Rohit Tomar); petitioner no.4 (Smt. Bhawna); and petitioner no.5 (Dinesh Tomar) are concerned, the investigation of the case shall continue and brought to its logical conclusion but they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided they co- operate in the investigation. The petition of petitioner no.2 (Mudit Tomar-husband of the informant) stands dismissed without prejudice to his right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 18.12.2019 AKShukla/-