Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23935 of 2018 Petitioner :- Nitin Balmiki And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Fahim Ahmed Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.F. Ahmed, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 12.8.2018, registered as Case Crime No.517 of 2018, u/s 452, 328, 323, 504, 506 IPC, P.S. Tanda, district Rampur.
Learned counsel for the petitioners submits that the petitioner no.3 and respondent no.3 have married each other and their marriage was also registered on 9.8.2018. The respondent no.3 under the pressure of her parents has lodged present FIR against the petitioner no.3 and his family members as her parents were against their marriage. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
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 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 :- 30.8.2018 Gaurav