Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2346 of 2019 Petitioner :- Omendra Kumar Mathuriya And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 16.12.2018 in respect of Crime No. 0429 of 2018 for the offence under Sections 498A, 323, 504, 506 of I.P.C. and 3/4 D.P. Act, P.S. Harduaganj, District Aligarh.
As per pleadings, marriage of complainant was solemnized with petitioner no. 1, Omendra Kumar Mathuriya on 26.04.2016 but the couple could not adjust. According to petitioners, it is the complainant who does not want to come back in her matrimonial house and therefore, she has made false and general allegations.
Considering the nature of allegations which are general and the pleadings made in the petition and further considering the fact that if the petitioners are arrested chances of amicable settlement would be remote.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.1.2019 AKK/AV