Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14553 of 2018 Petitioner :- Shobha Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sumant Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.S. Tiwari, learned counsel for the petitioners, Sri Pawan Shukla, 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 30.5.2017 registered as case crime no. 187 of 2017 under sections 302, 201 I.P.C., police station Bans Gaon, District Gorakhpur.
Learned counsel for the petitioner submits that the daughter of the petitioner had eloped with the son of respondent no. 4 for which they lodged an F.I.R. under section 363, 366 I.P.C. Thereafter, she was recovered but again she left her house and her whereabouts is not known and she is not traceable. Subsequently, the son of respondent no. 4 committed suicide because of the shock. The present F.I.R. has been lodged by respondent no. 4 after four years of the incident just for harassment of the petitioner, hence the present F.I.R. 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 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 :- 31.5.2018 Shiraz