Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25406 of 2018 Petitioner :- Nizakat @ Nazakat Bi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Gaur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K. Gaur, learned counsel for the petitioners, Sri Gambhir Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 18.7.2018, in case crime no.322 of 2018, u/s 147, 452, 354, 386, 323, 504, 506 IPC, P.S.
Kotwali, district Pilibhit.
It has been submitted by the learned counsel for the petitioners that the petitioners have lodged FIR against the father-in-law of respondent no.3 for outraging the modesty of the daughter of petitioner no.1 u/s 354 IPC etc. and just as a counterblast, present FIR has been lodged against the petitioners by respondent no.3. The petitioner no.1 is the wife of petitioner no.2.
Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.1 being lady shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner nos.2 and 3 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018 Gaurav