Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23429 of 2018 Petitioner :- Naresh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishe Pandey,Praveen Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 21.7.2018 registered as Case Crime No. 448 of 2018, under Sections 498- A, 323 and 307 IPC and section 3/4 D.P. Act, P.S. Mavana, District Meerut.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3, who is daughter-in-law of petitioner no. 1 roping in the entire family of her husband including her mother-in-law, father-in-law, devar, nanad and cousin father-in-law alleging commission of offences by them under Sections 498-A, 323 and 307 IPC and section 3/4 D.P. Act. Further submitted that petitioners are living separately from respondent no. 3 and her husband since April, 2016 and the allegation made in the impugned FIR that all the petitioners went to parental home of the respondent no. 3 and tried to strangulate her is palpably false and improbable. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.8.2018 RPD