Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16161 of 2019 Petitioner :- Shahana Zabin Azmi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.K. Tripathi, learned counsel for the petitioner, 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 22.4.2019 registered as case crime no. 557 of 2019 under sections 498-A, 323, 420, 506 I.P.C. and 3/4 D.P. Act, police station Cantt., District Varanasi.
Learned counsel for the petitioners submits that the petitioner is the mother-in-law of respondent no. 4. The marriage of the son of the petitioner, namely, Abrar Azmi was solemnized with respondent no. 4 in the year 2018. Only general allegation has been levelled against the petitioner, hence the present F.I.R. against her 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 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 co-accused Abrar Azmi- husband of the deceased.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Shiraz