Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5083 of 2018 Petitioner :- Praveen Kumar Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner and Sri Rajesh Kuma Mishra, holding brief of learned A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 27.01.2018 registered as case crime no.0039 of 2018 under Sections 419, 420 and 498-A IPC Station Kotwali City, District Mirzapur.
Learned counsel for the petitioner has argued that that marriage between petitioner No.1 and respondent No.3 was solemnized on 27.04.2000 and from this wedlock two children were born. Thereafter respondent No.3 has developed her relation from her one relative and they started living together and she has also got marriage on 27.01.2017. It has further argued that a divorce petition has been filed by the petitioner against the respondent No.3 and thereafter respondent No.3 filed an application under Section 125 Cr.P.C. on 19.08.2017. When petitioner has filed his objection on the application under Section 125 Cr.P.C. the respondent in order to save her skin and to set up her defence has lodged the impugned F.I.R.
Learned A.G.A. has opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner 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.
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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018/Pr/-