Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20531 of 2018 Petitioner :- Nidhi Jain And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukul Tripathi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mukul Tripathi, 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 12.7.2018, registered as case crime No.240 of 2018, under Sections 147, 148, 149, 452, 392, 307, 323, 504, 506 I.P.C., P.S.
Pallavpuram, District Meerut.
Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and respondent no.4 was solemnized in the year 2014 and there appears to be matrimonial dispute between the parties, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioner no.1 and petitioners no.2 and 3 who are his brother-in-law and mother-in-law respectively after more than three years of the incident on the basis of an application under Section 156 (3) Cr.P.C. levelling false and frivolous allegations against them, though no offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
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 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 :- 31.7.2018/NS