Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13823 of 2018 Petitioner :- Nizamuddin And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner(s) 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. 0013 of 2018 u/s 498A, 304B, 323, 504, 506, 34 IPC and 3/4 DP Act PS Nawabganj District Farrukhabad.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); 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 petitioner(s) 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. and learned counsel for the complainant have 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 as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
So far as petitioner nos. 1 and 2 are concerned, following order is being passed;
Contention is that earlier also a complaint was filed in which parties have entered into compromise, nevertheless the fact remains that incident occurred within six months of the marriage.
In view of the facts and circumstances of the case, it is directed that in case petitioner no.1 and 2 appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
So far as petitioner no.3 is concerned, the following order is being passed;
Petitioner no.3 happens to be Jeth of the deceased and he is living separately. Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that petitioner no.3 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner no.3 shall participate and co-operate with the investigation.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.5.2018 SP