Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1462 of 2019 Petitioner :- Pushpendra Rajawat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anwar Hussain Counsel for Respondent :- G.A.,Sajiya Parveen
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Anwar Hussain, learned counsel for the petitioner and Sajiya Parveen, learned counsel for the respondent no.4.
The writ petition has been filed for quashing the F.I.R. dated 10.09.2018 registered as Case Crime No.0624 of 2018, under Sections 323, 504, 506, 498A I.P.C. and Section 4/5 Protection of Women from Domestic Violence Act, Police Station Firozabad South, District-Firozabad.
In the F.I.R. in substance the allegation has been made that petitioner was husband of the informant and he used to assault her daily and threaten to kill her. From 08.09.2018 he is continuously assaulting her.
The learned counsel for the petitioner submits that the marriage had taken place in the year 2002 and from the aforesaid wedlock, one daughter aged about 16 years and one son aged about 14 years were born. Due to cruel behaviour of respondent no.4, the petitioner moved matrimonial petition no. 314 of 2018 under Section 13(1) of Hindu Marriage Act, in which the decree of divorce has been granted on 29.09.2018, thereafter the petitioner re-marriaged on 05.10.2018. After re-marriage the present F.I.R. has been lodged on false allegation.
Learned counsel for the caveator/respondent no.4, however, submits that the informant was living with the petitioner. The matrimonial suit no.314 of 2018 has been filed on false allegation and without even survice of summons in the aforesaid suit procuring a fabricated service, the decree was obtained on 29.09.2018 ex parte. The suit itself was filed on 08.05.2018 and ex parte decree was granted within six months on filing of the suit. The informant moved an application for setting aside the ex parte decree dated 29.09.2018 which is pending. The petitioner filed writ petition no.35565 of 2018 for civil protection which was dismissed by order dated 26.10.2018. These all materials facts have been concealed.
We have considered the arguments of the counsel for the parties. So far as the argument to conceal the material facts is concerned, neither any application for setting aside the decree in the divorce suit nor dismissal of the writ petition for civil protection, which is relevant for the purposes of this writ petition has been filed. The cause of action in this regard is the F.I.R. dated 10.09.2018 in which the informant has alleged that the petitioner was assaulting her continuously. The learned counsel for the petitioner submits that the F.I.R itself is a cruelty upon the petitioner.
In view of the aforesaid facts, the writ petition is disposed of with a direction that the petitioner shall not be arrested in the Case Crime No.0624 of 2018, under Sections 323, 504, 506, 498A I.P.C. and Section 4/5 Protection of Women from Domestic Violence Act, Police Station Firozabad South, District-Firozabad till the submission of police report under Section 173(2) Cr.P.C.
Learned counsel for the petitioner be permitted to incorporate necessary corrections in the writ petition.
Order Date :- 21.1.2019 Rahul.