Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16119 of 2019 Petitioner :- Ranjeet And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Niklank Kumar Jain Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Niklank Kumar Jain, learned counsel for the petitioners, Sri Pranav Ganguli, 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 28.5.2019 registered as case crime no. 0586 of 2019, under sections 498-A, 323 IPC and Section 3/4 of D. P. Act, P.S. Kotwali Nagar, District Etah.
Learned counsel for the petitioners submits that the marriage of petitioner no. 1 and respondent no. 3 was solemnized on 27.1.2019 and after solemnization of marriage, respondent no. 3 was persistently demanding to live separately from other petitioners, who are father-in-law, mother-in- law, jeths and Jethanis of respondent no. 3. It is further stated that the petitioner no. 1 (Husband) is posted in B.S.F. and when he came for holidays on 12.5.2019, he refused to stay with her separately and on account of that refusal, the petitioner (husband) including other family members have been falsely implicated in the present case by respondent no. 3 by levelling false and frivolous allegations just to harass them. It is further submitted that it is a case of no injury, hence the same 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh