Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14807 of 2019 Petitioner :- Prashant Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Tiwari Counsel for Respondent :- G.A.,Purushottam Mani Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Vivek Kumar Tiwari, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State, Sri Purushottam Mani Tripathi, learned counsel for private respondent and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 05.05.2019 registered as case crime no.69 of 2019 u/ss. 498- A, 323, 504, 506, 354, 354 (Ka), 316, 376, 387 IPC and 3/4 D.P. Act, PS.
Mahila Than, District Ghaziabad.
Lerned counel for the petitioners submits that petitioner no.1 is the husband of respondent no.3 and their marriage was solemnized on 29.04.2017 and allegation of rape has been levelled against petitioner no.5 who is the brother in law (behnoi) of petitioner no.1 and who is also the deponent of the present petition.
Learned counsel for the private respondent opposed the prayer for quashing of the FIR and submits that statement of the victim has been recorded under section 164 Cr.P.C to which learned counsel for the petitioners states that there is only allegation of attempt to rape.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of 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 :- 11.6.2019 Madhurima