Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25384 of 2018 Petitioner :- Rakesh Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kuldeep Kumar, 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 29.8.2018, registered as case crime No.388 of 2018, under Sections 323, 328 I.P.C., P.S. Syana, District Bulandshahr.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the respondent no.3 is brother of the victim, namely, Sunita who is wife of the brother of petitioner no.1 and son of petitioner no.3 respectively as the marriage between the sister of respondent no.3 and son of petitioner no.3, ,namely, Raj Kumar was solemnized eight years ago and husband of sister of respondent no.3 died a natural death. He further submits that there was some property dispute between the petitioners and sister of respondent no.3, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioners levelling absolutely false, frivolous and baseless allegations, though 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 :- 13.9.2018/NS