Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4429 of 2018 Petitioner :- Rahul Agarwal And 2 Others Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Anil Kumar Srivastava,Ram Bahadur Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Anil Kumar Srivastava, learned counsel for the petitioners, Sri Jitendra Singh, 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 with the prayer to quash the F.I.R. dated 17.10.2017, registered as Case Crime No.475 of 2017, u/s 498-A, 494 IPC and 3/4 D.P. Act, P.S. Aonla, district Bareilly.
Learned counsel for the petitioners submits that dacoity was committed in the house of the petitioners on 23.5.2015 for which FIR was lodged against unknown persons by the petitioner no.2 who is the then father-in- law of respondent no.3. During the investigation, it was transpired that one Samar Khan was involved in the case and he was having some illicit relationship with the daughter-in-law of petitioner no.2. The police during the investigation had arrested the wife of petitioner no.1 namely Sakshi Agrawal who was charge sheeted along with Samar Khan, Shahnawaj @ Sonu and Vikki @ Vikas under the offence u/s 395, 412, 411, 420, 120-B IPC, Police Station Rajpura district Sambhal. The wife of petitioner no.1 was granted bail by learned Single Judge of this Court on 19.1.2016 in Criminal Misc. Bail Application No.30572 of 2015, copy of the same is annexed as annexure no.7 to the petition. Thereafter the petitioner no.1 filed a suit for divorce u/s 13 of the Hindu Marriage Act which was decreed on ex-parte on 6.11.2015. Thereafter the petitioner no.1 performed second marriage on 30.5.2017. Thereafter the present FIR has been lodged by respondent no.3 against the petitioner no.1 and his family members for their malicious prosecution, hence present FIR lodged against the petitioner be quashed.
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, 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 22.2.2018 Gaurav