Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19932 of 2018 Petitioner :- Vijay Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 30.6.2018 which has been registered as Case Crime No. 181 of 2018, under Sections-498A, 323, 324, 354, 354B, 376, 377, 504, 506 IPC and Section 3/4 D.P. Act, police station Mahila Thana, district Ghaziabad so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that the respondent No.3 had previously solemnised marriage with someone else and by concealing the aforesaid fact, she again married to the petitioner No.1 and when the petitioners came to know, petitioner No.1 initiated proceedings under Section 11 of the Hindu Marriage Act, and for the said reason there was some hot talks between the petitioners and the respondent No.3 and as a counterblast, present proceedings has been initiated against the petitioners which is bad in law. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I.
R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 26.7.2018 faraz