Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 27586 of 2017 Petitioner :- Nitin Khanna And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Singh Counsel for Respondent :- G.A.,Rahul Pandey
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0387 of 2017, under Sections- 498A, 323, 354, 313, 506 IPC & 3/4 D.P. Act, P.S.- Mahila Thana, district-Ghaziabad.
Perusal of interim order dated 12.12.2017 shows that matter was referred to the Mediation Centre, however, perusal of the report received from the Mediation Centre dated 04.04.2018 shows that the parties could not arrive at any agreement and mediation has failed.
In view of the aforesaid, the Court proceeds to hear the matter on merits with the consent of the learned counsel for the parties.
Perusal of the FIR shows that there is matrimonial dispute between the husband and wife; entire family members have been implicated in the present case on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information report as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.5.2018 Radhika