Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 3831 of 2018 Petitioner :- Satyaveer Singh And Anr. Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Niraj Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Niraj Tiwari, learned counsel for the petitioner, Sri Vikas Sahai, 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 23.1.2018 registered as case crime no. 56 of 2018 under sections 498-A, 304-B, 120-B I.P.C. and 3/4 D.P. Act, police station Tappal, District Aligarh.
Learned counsel for the petitioners submits that petitioner no. 1 is maternal uncle of the husband of the deceased-respondent no. 5 and petitioner no. 2 is unmarried daughter of petitioner no. 1. There was some dispute between respondent no. 5 and the deceased for which a compliant was filed by the deceased for the offence under section 498-A I.P.C. etc. in which the learned Magistrate summoned respondent no. 5 and his family member and has observed that the victim wife be taken by respondent no. 5 but their relationship could not be materialized and the deceased died in her matrimonial home. The respondent no.5 has already surrendered before the court concerned in the present case. He submits that the marriage of petitioner no. 2 is fixed for 9th March, 2018 and just to malign her image, she along with his father has been falsely implicated in the present case, hence the present F.I.R. against the petitioners 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.
The case of the petitioners is distinguishable from the husband and his other family members.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018 Shiraz