Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26155 of 2019 Petitioner :- Sonam And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard the learned counsel for the petitioners, learned counsel Shri Ajay Singh who has put in appearance for the respondent no.3 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 17.4.2019 registered as Case Crime No.165 of 2019, under Sections 386,504,506,452 IPC, P.S. Daurala, District Meerut.
Learned counsel for the petitioners submitted that the petitioner no.1 is the wife of the respondent and others are her family members. The impugned first information report has been lodged by the respondent no.3 against the petitioners with absolutely false and concocted allegations only in order to exert pressure upon the petitioner no.1 as she has already lodged an FIR against the respondent no.3 and his family members which was registered as Case Crime No.37 of 2019, under Sections 498-A,323,506 IPC and a case of Domestic Violence Act has also been registered. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 20.12.2019 M. Tariq