Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 37001 of 2018 Petitioner :- Trishul And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Singh,Atul Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Devendra Singh, Counsel for the petitioners and Sri Amit Sinha, learned AGA for State.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 03.12.2018 in respect of Case Crime No. 612 of 2018 of 2018 under Sections 498A, 323, 506 of IPC and section 3/4 of D.P. Act, Police Station Mahila Thana district Prayagraj(Allahabad).
Learned Counsel for the petitioners submits that the marriage of Neeraj was solemnized with Raj Kamal on 07.05.2017 but unfortunately, couple could not adjust. Hence, since May, 2018 Raj Kamal is living separately. It has been pointed out that petitioner no.1 is Jeth, petitioner no.2 is Jethani, petitioner no.3 is Jeth, petitioner no.4 is Jethani, petitioner no.5 is Jeth and the petitioner no.6 is Jethani. Learned Counsel for the petitioner submits that from the first information report, it is apparent that a false case has been prepared against the petitioners and even Raj Kamal has not lodged any report.
On the other hand, learned State counsel opposes the submission.
Be that as it may, keeping in mind the nature of allegation levelled against the petitioner, we are not inclined to quash the first information report. The petition in that respect is dismissed.
However, in the larger interest, considering the nature of allegations, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.
P.C before the Court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
The petition is accordingly, disposed of.
Order Date :- 19.12.2018//Shahid