Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4975 of 2018 Petitioner :- Smt. Tripti Sharma And 5 Others Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Anoop Trivedi, learned counsel for the petitioner, Sri J.K. Singh, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 19.2.2018 registered as case crime no. 16 of 2018 under sections 498-A, 323, 504, 313, 377 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Mathura.
Learned counsel for the petitioners submits that the marriage between petitioner no. 6 was solemnized on 12.12.2015. Some medical test of respondent no. 3 was conducted in which some scars were found in her abdomen region then it was informed to the petitioners by respondent no. 3 that she had gone under surgery before marriage and subsequently it was detected that ovaries of respondent no. 3 was removed as is evident from her ultrasound report copy of which has been annexed at page-32 of the present petition. He submits that when it was enquired, the in-laws of petitioner no. 6 came at his house on 25.12.2017 and assaulted petitioner no. 2 mercilessly on account of which she received injuries on her person copy of the medical examination report has been annexed at page-52 of the present petition. An F.I.R. for the said incident has been lodged from the side of the petitioner copy of which has been annexed at page-36 of the present petition. Thereafter, petitioner no. 6 filed a divorce petition and when notice was issued in the said divorce petition, respondent no. 3 lodged the present F.I.R. which is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz