Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10680 of 2018 Petitioner :- Sherjan And 3 Ors.
Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Kuldeep Singh Tomar Counsel for Respondent :- G.A.,Sanjay Singh
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner(s), Sri Sanjay Singh, learned counsel for the complainant and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0106 of 2018, under Sections- 498A, 323, 306 IPC and section 3/4 D. P. Act, P.S.- Mansoorpur, District- Muzaffarnagar.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); husband is not a party in the present case; marriage is of the year 2012; father-in-law has committed suicide seeing pitiable condition of his daughter; FIR itself has been lodged after a period of 16 days of the incident; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation.
Order Date :- 26.4.2018 Kuldeep