Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23012 of 2018 Petitioner :- Om Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- G.A.,Devendra Yadav,Girish Kumar Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Chandra Kumar Rai, learned counsel for the petitioner, Sri Devendra Yadav, learned counsel for the caveater, 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 5.8.2018 registered as case crime no. 1054 of 2018 under sections 376, 377, 323, 326-A, 511 IPC, police station Baradari, District Bareilly.
Learned counsel for the petitioner submits that the present case relates to matrimonial dispute between the husband and wife on account of which the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
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 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 :- 23.8.2018 Deepika