Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16134 of 2019 Petitioner :- Sureshu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Haya Rizvi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Ms. Haya Rizvi, learned counsel for the petitioners, Sri G.P. Singh, 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 7.5.2019, registered as Case Crime No.148 of 2019, u/s 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Nanuta, district Saharanpur.
Learned counsel for the petitioners submits that petitioners are in-laws of respondent no.3. The marriage between the son of petitioners and sister of opposite party no.3 was solemnized in on 17.2.2018. He further submits that it is a case of poisoning but the husband of sister of respondent no.3 is already confined in jail. The petitioner no.1 is an old lady aged about 67 years and petitioner no.2 is aged about 70 years. The impugned FIR has been lodged by the respondent no.3 roping in the entire family of his sister's husband containing absolutely false, concocted, vague and sweeping allegations against them. Hence the impugned FIR is liable to be quashed.
Learned A.G.A. as well as learned counsel for the respondent no.3 opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Taking into account the fact that the petitioners are old aged persons and also 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Gaurav