Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10561 of 2018 Petitioner :- Neelam And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sachin Kanaujiya,S.K.Mathur Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sachin Kanaujiya, learned counsel for the petitioners, Sri N.K.Verma, 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 FIR dated 21.2.2018, registered as Case Crime No.33 of 2018, under Sections 147, 323, 504, 427, 452, 354 (Kha) I.P.C., Police Station Newadhiya, District Jaunpur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that earlier petitioner no.3 had lodged an FIR against the husband of respondent no.3 who is running coaching, being Case Crime No.26 of 2018, under Sections 354 (Ka), 352, 504, 506 I.P.C. and 7/8 POCSO Act, Police Station Newadhiya, District Jaunpur, hence, in retaliation the present FIR has been lodged by respondent no.3 against the petitioner no.3 and his entire family members. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 25.4.2018/NS