Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5178 of 2018 Petitioner :- Vijay Kumar Sharma And 5 Ors. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Somendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Somendra Singh, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 17.11.2017 registered as Case Crime No.1186 of 2017, under Sections 498A, 323, 506 I.P.C., Police Station Kotwali, District Mathura.
It has been submitted by the petitioners that the marriage between the petitioner no.1 and respondent no.4 was solemnized in the year 2003. He further submitted that the impugned FIR has been lodged by the respondent no.4 roping in the entire family of her husband, petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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 and the law laid down by the Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another in Criminal Appeal No.1265 of 2017 decided on 27.7.2017, 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 he 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 :- 28.2.2018/NS