Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20507 of 2018 Petitioner :- Rahul Jain And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Dhar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.D.Pandey, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 2.6.2018, registered as case crime No.143 of 2018, under Sections 323, 504, 506, 354, 114 I.P.C., P.S. Pachokhara, District Firozabad.
Learned counsel for the petitioners submits that petitioner no.1 is husband of respondent no.3 as the marriage between them was solemnized in the year 2015 and there appears to be some matrimonial dispute between the parties, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioner no.1 who is her husband and other petitioners who are her in-laws. The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 they 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 :- 31.7.2018/NS