Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37108 of 2018 Petitioner :- Satendra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.P.S. Chauhan, 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 with the prayer to quash the F.I.R. dated 1.5.2018, registered as Case Crime No.208 of 2018, u/s 452, 323, 427 IPC, P.S. Usawa, district Budaun.
Learned counsel for the petitioners submits that the petitioners are the brothers of wife of respondent no.4 and matrimonial dispute is going on between the sister of the petitioners and respondent no.4 on account of which the petitioners have been falsely implicated in the present case. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 18.12.2018 Gaurav