Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7297 of 2018 Petitioner :- Rashmi Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.S.P. Gupta, learned counsel for the petitioner, Sri Jitendra 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 petitioner with a prayer to quash the FIR dated 17.7.2017 registered as Case Crime No.359 of 2017, under Sections 498A, 323, 506, 326(A) I.P.C. and 3/4 D.P. Act, Police Station Parichhitgarh, District Meerut.
Learned counsel for the petitioner submits that the daughter of respondent no.3 is victim of the present case. The husband of daughter of respondent no.3,, namely, Manjeet is victim is already confined in jail in the present case. He further submits that the petitioner has no concern with the husband of the victim as petitioner is already is married lady and the allegation levelled against the petitioner that she was having some illicit relationship with the husband of the victim is absolutely false one and no specific role of causing injury to the victim has been assigned to the petitioner, the said fact has been mentioned in paragraph no.5 of the writ petition. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but she shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioner is distinguishable from the other co-accused.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 27.3.2018/NS