Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5205 of 2018 Petitioner :- Vijay Yadav And 4 Ors.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri D.K. Singh, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 4.11.2016, registered as Case Crime No.1312 of 2016, u/s 498-A, 304-B, 201 IPC and 3/4 D.P. Act, P.S. Kerakat, district Jaunpur.
Learned counsel for the petitioners submits that the petitioner no.1 is the husband of alleged deceased with whom his marriage was solemnized in the year 2011. Thereafter the deceased has deserted her husband and gone with one Jitendra for which petitioner no.2 who is the father-in-law of petitioner no.2 had lodged FIR u/s 498 IPC, which was registered as Case Crime No.197 of 2016, copy of the same is annexed on page 24 of the present petition in which investigation is still pending. After ten days of the incident, present FIR has been lodged by opposite party no.2 on the basis of application u/s 156(3) Cr.P.C alleging that the victim has been done to death by the petitioner no.1 and his family members and the dead- body of the deceased has been disposed of by them.
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 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 Gaurav