Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26438 of 2018 Petitioner :- Rajesh Katiyar And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Chandra Bhushan Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri C.B. Yadav, learned counsel for the petitioners, Sri N.K. Tiwari, 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 7.9.2018 registered as case crime no. 675 of 2018 under sections 376-D, 506 I.P.C., police station Kotwali Kannauj, District Kannauj.
Learned counsel for the petitioners submits that petitioner no. 1 happens to be husband of respondent no. 3. There was some matrimonial dispute between them on account of the petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them. He submits that earlier the mother of petitioner no. 1 lodged an F.I.R. against respondent no. 3 when she left her matrimonial home, hence the present F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 :- 24.9.2018 Shiraz