Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25352 of 2018 Petitioner :- Shiv Dutt Shukla And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Jai Shanker Malviya,Nazrul Islam Jafri Counsel for Respondent :- G.A.,Amit Kumar Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Mr. Nazrul Islam Jafri, learned counsel for the petitioners, Mr. Amit Kumar Singh, learned counsel for the caveator and Mr. A.K. Sand, 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 petitioners with a prayer to quash the F.I.R. dated 16.08.2018 registered as Case Crime No. 566 of 2018, under sections 323, 504, 376 IPC, PS Karvi Kotwali Nagar, District Chitrakoot.
Learned counsel for the petitioners submits that the petitioner Nos. 1 to 3 are the father-in-law, brother-in-law and mother-in-law of respondent No. 3 respectively. It is stated by the learned counsel for the petitioners that at the instance of husband of respondent No. 3, who is the son of petitioner Nos. 1 and 3, the present FIR has been lodged against the petitioners to grab the property of petitioner No. 1. Learned counsel for the petitioners has also submitted that the present FIR has been lodged on an application moved under section 156(3) Cr.P.C. by the respondent No. 3 with the allegation of committing rape against petitioner No. 1. Learned counsel for the petitioners has further stated that petitioner No. 1 had already executed a Will Deed in favour of his both the sons, copy of which has been annexed as Annexure 4 to the writ petition.
Mr. Amit Kumar Singh, learned counsel for the caveator and Mr. A.K. Sand, learned A.G.A. have opposed the prayer for quashing 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 :- 12.9.2018 Sazia