Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20040 of 2018 Petitioner :- Neha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 18.6.2018 which has been registered as Case Crime No. 677 of 2018, under Sections-498A, 354,323, 504, 506, 328, 307 IPC and Section 3/4 D.P. Act, police station Sardhana, district Meerut so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that initially the respondent No.3 had filed complaint case No. 543 of 2018 against the husband as well as the petitioners but the learned Magistrate, after considering the facts, summoned only husband and not the petitioners thereafter the respondent No.3 has initiated present proceedings against the petitioner on the same allegations and the petitioners are married brother-in-law and sister-in-law who live separately, therefore, criminal prosecution of the petitioners is in clear contravention of the settled principle of law laid down by Hon'ble Apex Court reported in (2012) 10 Supreme Court Cases 741 in the matter of Geeta Mehrotra and another versus State of Uttar Pradesh. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 26.7.2018 faraz