Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23500 of 2018 Petitioner :- Shahvaj And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Rai Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioners is permitted to make necessary correction in the prayer of the writ petition.
Heard Sri O.P.Rai, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 4.8.2018, registered as case crime No.1139 of 2018, under Sections 376D, 313, 504, 506 I.P.C., P.S. Murad Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the petitioner no.1 and respondent no.4 are husband and wife and there was some matrimonial dispute between the husband and wife, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioner no.1 and other family members levelling absolutely false and frivolous allegations, though no offence is made out against them, hence, FIR is liable to be quashed by this Court.
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 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 :- 28.8.2018/NS