Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20316 of 2018 Petitioner :- Parvez And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K.Pandey, learned counsel for the petitioners,Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 20.6.2018, registered as case crime No.199 of 2018, under Sections 323, 504, 506, 324, 452, 307 I.P.C., P.S.Mansoorpur, District Muzaffar Nagar.
It has been submitted by the petitioners that the marriage between the victim and petitioner no.1 was solemnized in the year 2016 and there was some matrimonial dispute between the husband and wife. The petitioner no.2 and 3 are Mausa Sasur of the victim respectively. He further submitted that the impugned FIR has been lodged by the respondent no.3 containing absolutely false, concocted, vague and sweeping allegations against the petitioners. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioners no.2 & 3, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State 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 nos. 2 & 3 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 no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018/NS