Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10613 of 2018 Petitioner :- Sikandar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Kumar Mishra,Ram Mohan Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Mishra, 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 with the prayer to quash the F.I.R. dated 26.3.2018, registered as Case Crime No.59 of 2018, u/s 302, 201, 120-B IPC, P.S. Gaura Badshahpur, district Jaunpur.
Learned counsel for the petitioners submits that the daughter of petitioner no.1 and 2 was married to son of respondent no.3. There was some matrimonial dispute between the deceased and her husband. The deceased was tortured by her in-laws. The deceased was medically treated but she subsequently died and thereafter the petitioners moved an application for registering case against the in-laws of the deceased u/s 304-B IPC but the same was not registered. The present FIR has been lodged on the basis of application moved u/s 156(3) Cr.P.C. with malafide intention just as a pressure tactics.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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 :- 26.4.2018 Gaurav