Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4632 of 2018 Petitioner :- Siddharth Shankar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Bahadur Maurya,Maiku Lal Maurya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri V.B.Maurya, learned counsel for the petitioners, Sri Jitendra Singh, 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 petitioner with a prayer to quash the FIR dated 5.12.2017 registered as Case Crime No.530 of 2017, under Sections 498A, 323, 504, I.P.C. and 3/4 D.P. Act, Police Station Kakadev, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is husband of respondent no.3 as the marriage between them was solemnized in the year 2014 and after marriage some dispute arose between them. He further submits that earlier also an FIR was lodged against the petitioner and his family members for the similar offence which was registered as Case Crime No.541 of 2017, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. act, Police Station Govind Nagar, District Kanpur Nagar in which investigation is going on, hence, the impugned FIR has been lodged against the petitioner. No offence is made out against the petitioner, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018/NS