Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10866 of 2018 Petitioner :- Sunita Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Mishra,J.B. Singh Counsel for Respondent :- G.A.,Vinay Kumar Tripathi Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri J.B.Singh, learned counsel for the petitioners, Sri V.K.Tripathi, learned counsel for the caveator, Sri N.K.Verma, 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 petitioners with a prayer to quash the FIR dated 25.8.2015, registered as Case Crime No.1241 of 2015, under Section 306 I.P.C., Police Station Indirapuram, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioner no.1 is wife of the deceased, the marriage between them was solemnized in the year 2004 and from their wedlock two children were born. He further submits that the petitioner no.1 along with the deceased was living separately from her in-laws and the informant wanted that his son may live with him but due to some family constraint he could not live with his family, on account which he committed suicide. He further submits that in the present case final report was submitted, thereafter protest petition was filed on which further investigation has been ordered on 5.11.2016 and NBW has been issued. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against them, hence, FIR is liable to be quashed.
Learned counsel for the caveator and 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 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 they 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 :- 27.4.2018/NS