Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22021 of 2019 Petitioner :- Tanya Singh @ Lavi And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Gautam,Rajesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Mohit Gautam, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 14.8.2019 registered as Case Crime No.0239 of 2019 under sections 147,323,504,506,452 I.P.C, P.S. Govind Nagar District Kanpur Nagar.
It is submitted by learned counsel for the petitioners that petitioner no.1(wife) is married to son of respondent no.3, a matrimonial dispute arose which led the petitioner no.1 to file an FIR as Case Crime No.108 of 2019 under sections 498A,323,504,506,354,313,307 and 3/4 D.P. Act at P.S. Bajaria District Kanpur Nagar on 5.7.2019 and in retaliation thereto the aforesaid FIR has been lodged on 13th August, 2019 which is malafidely motivated only with a view to harass the petitioner no.2 and his entire family, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.9.2019 RS