Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16210 of 2019 Petitioner :- Shahrukh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Jeet Upadhyay Counsel for Respondent :- G.A.,Sushil Kumar Dubey
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State, Shri Ashutosh Pandey, Advocate holding brief of Shri Sushil Kumar Dubey, learned counsel for the respondent No.3 and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 19.5.2019 registered as case crime no. 198 of 2019 under sections 498A, 323, 376, 504, 506, I.P.C. and 3/4 D.P. Act, police station Jani, District Meerut.
Learned counsel for the petitioners submits that the petitioner No.1 is husband of respondent No.3 while petitioner Nos.2 to 5 are family members of petitioner No.1. The accused-petitioners have been falsely implicated in the present case. The allegations levelled in the FIR are unnatural and unbelievable, therefore, the FIR needs to be quashed.
Shri Ashutosh Pandey, Advocate holding brief of Shri Sushil Kumar Dubey, learned counsel for respondent No.3 has argued that the matter requires to be referred to the mediation centre for compromise.
It appears that general allegations have been levelled against the accused petitioner nos. 2 to 5, therefore it is deemed proper that the matter requires consideration as against the accused petitioner nos. 2 to 5 in terms of law laid down in judgment of Supreme Court rendered in the case of Geeta Mehrotra and others vs. State of U.P. 2012 (10 SCC 741.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 5 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Pradeep Kumar Srivastava, J) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 T. Sinha