Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34137 of 2018 Petitioner :- Noopur Maheswari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gopal Misra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard Sri Gopal Misra, learned counsel for the petitioner, 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 by the petitioner with a prayer to quash the F.I.R. dated 1.4.2018 registered as case crime no. 49 of 2018 under sections 323, 406, 420, 506 I.P.C., police station Swaroop Nagar, District Kanpur Nagar.
Learned counsel for the petitioner submits that there was a partnership dispute between the parties which was resolved and the parties arrived at a compromise. Thereafter again some bitterness developed between the parties on account of which respondent no. 3 lodged the present F.I.R. levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but she shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 27.11.2018 AK Pandey