Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26847 of 2018 Petitioner :- Radhey Shyam And 04 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Smt. Krishna Singh,Vijendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Smt. Krishna Singh, learned counsel for the petitioners, learned A.G.A. for the State 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 25.07.2018 registered as Case Crime No. 229 of 2018, under Sections 147, 306, 406, 323 IPC, Police Station Amapur, District Kasganj.
Learned counsel for the petitioners submits that the marriage of petitioner No.5 (Km. Kiran) was solemnized with respondent No.4 (Amit Kumar). Thereafter some dispute arose between the parties on account of which present F.I.R. has been lodged levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing 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 and the law laid down by the Apex Court in the case of Rajesh Sharma vs. The State of U.P. in Crl. Appeal No. 1265 of 2017 decided on 27.7.2017, 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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shubhankar Thakur