Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16149 of 2019 Petitioner :- Vishnu Kumar Awasthi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Rajesh Dwivedi, learned counsel for the petitioners,Sri Irshad Hussain, 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 22.1.2019, registered as Case Crime No.57 of 2019, under Sections 147, 323, 504, 506, 354, 494 I.P.C., Police Station Barra, District Kanpur Nagar.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the marriage between petitioner no.2 and respondent no.3 was solemnized in the year 2008 but after some some dispute arose between the husband and wife, thereafter the petitioner no.2 filed a suit under Section 13 of the Hindu Marriage against respondent no.3 before the Principal Judge, Family Court, Kanpur which has been decreed in favour of petitioner no.2 on 24.1.2015. Against the said order dated 24.1.2015, a First Appeal No.99 of 2015, under Section 19 of Family Court Act read with Section 28 of Hindu Marriage Act was preferred by respondent no.3 against petitioner no.2 before this Court, which is still pending. He next argued that respondent no.3 is highly ambitious lady and she lodged the impugned FIR levelling absolutely false, frivolous and baseless allegations. No offence is made out against the petitioners, hence, FIR is liable to be quashed. Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 they shall co- operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Vivek Varma,J..) (Ramesh Sinha, J.) Order Date :- 11.6.2019/NS