Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10370 of 2018 Petitioner :- Ram Lalit And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K. Tripathi, learned counsel for the petitioners, Sri G.P. 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 17.3.2018, registered as Case Crime No.67 of 2018, u/s 354-Ka, 323, 504, 506, 452 IPC and 7/8 POCSO Act, P.S.
Mehdawal, district Sant Kabir Nagar.
Learned counsel for the petitioners submits that the is marriage of petitioner no.4 is to be solemnized on 25.4.2018 regarding which marriage card is annexed on page 26 of the present petition. He further submits that earlier an FIR was lodged by petitioner no.3 who is the wife of petitioner no.2 against the respondent no.3 and other accused persons which was registered as case crime no.4032 of 2017, u/s 323, 504, 354(A) IPC and 3(1)(dha) SC/ST Act, copy of the same is annexed on page 21 of the present petition. Hence present FIR has been registered against the petitioner no.3 and her family members.
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.
It is made clear that if the respondent no.3 and other accused persons challenge the FIR lodged by the petitioner no.3, then they shall also be entitled for the same relief.
Certified copy of the order be given to learned counsel for the petitioners today on payment of usual charges.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Gaurav