Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10828 of 2018 Petitioner :- Vikas Kumar Vishwakarma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Mishra, learned counsel for the petitioner, Ms. Ibha Sinha, 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 by the petitioner with a prayer to quash the F.I.R. dated 9.3.2018 registered as case crime no. 56 of 2018 under sections 419, 420, 467, 468, 504, 507 I.P.C. and 3 (1) (Dha) S.C./S.T. Act, police station Lohta, District Varanasi.
Learned counsel for the petitioner submits that the daughter of respondent no. 3 was married with the petitioner. The husband of respondent no. 3 took his daughter for which an application has been moved by the petitioner under section 9 of Hindu Marriage Act for restitution of conjugal rights and when notice was issued in the said case, present F.I.R. has been lodged by respondent no. 3 levelling false and frivolous allegations, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 Shiraz