Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25855 of 2019 Petitioner :- Yogendra Kumar Gangwar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Gaur Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.12.2019 registered as Case Crime No. 398 of 2019 at P.S. Jahanabad, District- Pilibhit, under Sections 498-A, 323, 506 I.P.C. and section 3/4 D.P. Act.
The contention of the learned counsel for the petitioners is that although the allegation may disclose commission of cognizable offence but the allegations are false and unnecessarily the entire family of the husband of the informant has been implicated by levelling general allegations. It has also been submitted that earlier also there had been a litigation between the parties in which compromise had taken place and thereafter again the informant left the matrimonial home and thereafter an application was filed by the petitioner no.1 for restitution of conjugal rights.
Be that as it may, as the allegations disclose commission of cognizable offences, the matter would have to be investigated and therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioner nos. 2 and 3 i.e. Fateh Chandra and Chandrakali @ Lilawati shall not be arrested till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
The petition of the petitioner no.1 ie. Yogendra Kumar Gangwar (husband) stands dismissed without prejudice to his right to apply for bail or anticipatory bail, as may be advised.
Order Date :- 19.12.2019 Sunil Kr Tiwari