Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 14967 of 2019 Petitioner :- Wasim And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri R.K. Mishra, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 8.3.2019 registered as Case Crime No. 0075 of 2019 under sections 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, P.S.-Didoli, District-Jyotiba Fule Nagar.
It is submitted by learned counsel for the petitioners that its an off-shoot of a matrimonial dispute wherein apart from the husband entire family members have been arraigned, allegations are general in nature, a case of no injury, FIR is malafidely motivated in retaliation to the suit for restitution of conjugal rights filed by the husband, no offence is made out, FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 29.5.2019//Fhd.