Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5040 of 2018 Petitioner :- Rustam And 07 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Shahabuddin Counsel for Respondent :- G.A.,Jai Prakash Prasad
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shahabuddin, learned counsel for the petitioners, Sri Jai Prakash Prasad, learned counsel for the private respondent, Sri Vikas Sahai, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner with a prayer to quash the impugned FIR dated 17.02.2018, case crime no. 79 of 2018, under Sections 376, 323, 504 and 506 IPC, P.S. Nahtaur, District Bijnor.
Learned counsel for the petitioner is permitted to amend the name of Rustam in place of Mohd. Haneef as opposite party no. 3 in the array of the parties.
Learned counsel for the petitioners states that respondent No. 3 is the wife of petitioner No.1 and there was some matrimonial dispute between the parties and they amicably settled their dispute outside the Court. It is also stated that respondent No.3 is living with petitioner No.1.
Since the impugned F.I.R. has emanated due to the matrimonial dispute, and the parties amicably settled their dispute outside the Court, hence, no useful purpose would be served in proceeding any further against the petitioners in this matter. The impugned FIR is quashed and the writ petition is allowed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 A. Mandhani