Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1401 of 2019 Petitioner :- Sunil Kumar Alias Sunil Kumar Garg And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Daga Counsel for Respondent :- G.A.,A.C.Srivastava Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Amit Daga, learned counsel for the petitioners, Sri A.C. Srivastava, learned counsel for the informant and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 22.12.2018, registered as Case Crime No.3349/2018, under Sections 498-A/323/506 IPC and 3/4 of the D.P. Act, P.S. Indrapuram, Ghaziabad.
It is submitted by learned counsel for the petitioners that petitioners are in-laws of respondent no.4, it's an offshoot of matrimonial dispute between respondent no.4 and her husband, FIR is malafidely motivated, liable to be quashed.
Per contra, Sri A.C. Srivastava, learned counsel for the informant opposed the submission on the ground that it is a collusive petition on behalf of husband, the real culprit is petitioner no.1 who is bent upon in torturing respondent no.4 by medication to produce a male child and by not extending any monetary help, rather resorted to dubious means by disinheriting the son but transferring the amount in his account, petition be dismissed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but 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 their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 21.1.2019 Chandra