Criminal miscellaneous writ petition for quashing an FIR registered under various IPC sections amidst a matrimonial dispute, resulting in a direction against arrest pending police report.
Direction that petitioners shall not be arrested till submission of police report under section 173(2) Cr.P.C., but shall cooperate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20755 of 2018
Petitioner :- Alakesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mrityunjay Dwivedi, learned counsel for the petitioners, Sri N.K. Verma, 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 petitioners with a prayer to quash the F.I.R. dated 9.6.2018 registered as case crime no. 403 of 2018 under sections 354, 392, 323, 504, 506, 427 I.P.C., police station Civil Line, District Aligarh.
Learned counsel for the petitioners submits that respondent no. 3 is the wife of petitioner no. 1. There is some matrimonial dispute between them on account of whichthe petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, 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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Learned counsel for the petitioners is permitted to make necessary correction in the present petition.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 1.8.2018 Shiraz
Alakesh And 3 Others
State Of U.P. And 2 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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