Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13895 of 2016 Petitioner :- Rajveer Singh Thakur And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Singh Counsel for Respondent :- G.A.,Kandarp Srivastava,Kaustubh Srivastava
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
We have perused the record, perusal of which shows that initially the matter was referred to the mediation centre vide order dated 9.6.2016 passed by another Bench of this Court, however subsequently it appears that the writ petition was dismissed for want of prosecution vide order dated 5.5.2017 passed by another Bench of this Court. Thereafter a restoration application was filed and the said application was allowed vide order dated 23.7.2018 passed by this Court and the matter was restored and thereafter the matter has been listed before this Court today.
List has been revised.
Sri Vinay Kumar Singh, Advocate holding brief of Sri R. P. S. Chauhan, learned counsel for the petitioners is present.
Learned counsel for the respondent is not present.
We have perused the FIR which shows that there is matrimonial dispute in which the entire family members have been implicated solely on the basis of general allegation; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
In view of the aforesaid facts and circumstances, no purpose would be served in keeping the matter pending any further before this Court today.
Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present and also keeping in view the law as laid down by the Apex Court in the case of B. S. Joshi v. State of Haryana; 2003 (4) SCC 675, and Rajesh Sharma and Others v. State of U.P. And others(SLP (Crl.) No. 2013 of 2017 decided on 27.7.2017), we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in relation to case crime no. 226 of 2015, U/s 498A, 506 IPC and section 3/4 D. P. Act, P.S. Mahila Thana, District Agra till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation.
It is being made clear that in case the investigation has been completed and the police report has already been filed, then this order will not be given effect to.
Order Date :- 31.7.2018/Kuldeep