Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19946 of 2019 Petitioner :- Suhail And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Praveen Kumar Srivastava, learned counsel for the petitioners, Sri A.K. Saran, 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 24.1.2018, registered as case crime no.11 of 2018, under sections 323, 506, 498A IPC & 3/4 D.P. Act, P.S. Islam Nagar, District Budaun.
Learned counsel for the petitioners states that earlier the father of respondent no.3 had lodged FIR against the petitioners for the same offence and Case Crime No.565 of 2016 on 16.12.2016 in which charge sheet has been submitted and the proceedings have been stayed with respect to the two accused and they have got bailed out themselves in the said case and the present FIR lodged by the respondent no.2 who is wife of Suhail who is the petitioner no.1 in the present case 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 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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 Neeraj