Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5315 of 2019 Petitioner :- Uma Rani And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Yogesh Kumar Mishra, 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 1.2.2019 registered as Case Crime No. 0144 of 2019 under sections 147, 354, 354k, 323, 504, 506 I.P.C, P.S. Modi Nagar, District Ghaziabad.
It is submitted by learned counsel for the petitioners that in between respondent no.4 and the husband (non-applicant), matrimonial disputes are pending, the impugned FIR is based on exaggerated and malicious allegations, only with a view to coerce the petitioners to come to terms, coupled with no injuries and in between the parties a Case Crime no. 0115 of 2018, under Sections 376-A, B, 354Kha, 354Ga, 511, 386, 120-
B, 307, 323, 504, 506 IPC also came to be filed against the petitioners including husband, in which after investigation, a final report was submitted by the police.
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 their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.2.2019 N.S.Rathour