Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15946 of 2019 Petitioner :- Pradeep Sahni @ Pradeep Kumar Sahni And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Rai Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Vivek Varma,J.
Heard Sri Alok Kumar Rai, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 22.11.2018, registered as Case Crime No.146 of 2018, under Sections 498A, 323, 504, 506, 363, 366, 120-B I.P.C., Police Station Harur Budhat, District Gorakhpur.
Learned counsel for the petitioners submits that the petitioner no.1 is the husband of respondent no.4 as the marriage between them was solemnized in the year 2014 and from their wedlock a female child has been born and it is stated that respondent no.4 has left her minor daughter who is with the petitioner no.1. He further submitted that the present F.I.R. has been lodged by respondent no.4 against the petitioner no.1 and his entire family members on the basis of application under section 156 (3) Cr.P.C. after 9 months of the alleged incident levelling absolutely false, frivolous and baseless allegations, though no offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned AGA opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 10.6.2019/NS