Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10408 of 2018 Petitioner :- Saleem And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ansar Ahmad, learned counsel for the petitioners, Sri Irshad Hussain, 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 petitioner with a prayer to quash the F.I.R. dated 12.2.2018 registered as case crime no. 135 of 2018 under sections 147, 148, 149, 307, 323, 504, 506 I.P.C., police station Delhi Gate, district Aligarh.
Learned counsel for the petitioners submits that respondent no. 3 is the real brother-in-law of petitioner no. 5,who was having matrimonial dispute with her husband and in-laws and lodged F.I.R. against them, hence in retaliation present F.I.R. has been lodged by respondent no. 3 against her and her family members. So far as injuries received by the injured are concerned, the same are simple in nature, hence the present F.I.R. 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Shiraz