Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16122 of 2019 Petitioner :- Shyamji Alias Shyamjeet And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the petitioners, Sri Pranav Ganguli, 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 2.11.2018 registered as case crime no. 234 of 2018, under sections 498-A, 323, 354 IPC and Section 3/4 of D. P. Act, P.S. Chakia, District Chandauli.
Learned counsel for the petitioners submits that the marriage of petitioner no. 1 and respondent no. 3 was solemnized four years prior to the date of lodging of the FIR and after solemnization of marriage, respondent no. 3 was persistently demanding to live separately from other petitioners, who are father-in-law, mother-in-law, married sister-in-law (Nanad) and brother-in-law (Nandoi) of respondent no. 3 and when the petitioner no. 1 (husband) refused to stay with her separately, they have been falsely implicated in the present case by respondent no. 3 by levelling false and frivolous allegations just to harass them. It is further submitted that it is a case of no injury, hence the same 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh