The court refused to quash the FIR citing lack of reason at this stage but granted a stay on arrest pending the police report while directing petitioners to cooperate with investigation.
Stay on arrest pending police report under Section 173(2) Cr.P.C.; direction to cooperate with investigation.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17301 of 2019
Petitioner :- Shokat And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
Seeking for quashing of the First Information Report lodged on 08.06.2019 by respondent No.3, it is contended by learned counsel for the petitioners that the allegations against the petitioner No.1, namely, father-in-law of the complainant are absolutely false and concocted story. So far as petitioners No. 2, 3 and 4 in fact, there are no concrete allegations in the First Information Report against them.
No offence is made out against rest of the three petitioners.
In the statement of complainant (respondent No.3) under Section 164 Cr.P.C., she admitted that a compromise has been arrived between the parties.
The submission is that First Information Report was lodged by respondent No.3 on account of some family dispute.
Having noticed the allegations in the F.I.R. and the statement of respondent No.3 under Section 164 Cr.P.C., this Court do not find any reason for quashing of the First Information Report at this stage. However, it is provided that the petitioners shall not be arrested in Case Crime No. 0171 of 2019, under Section 354, 354Kha, 376, 511, 323 I.P.C., Police Station Singhawali Aheer, District Baghpat till the submission of police report under Section 173 (2) Cr.P.C. However, they shall cooperate with the investigation in question.
With the above observations and directions, the petition stands disposed of .
Order Date :- 25.6.2019 Nirmal
3 issues framed by the court
Whether the First Information Report should be quashed?
Whether directions regarding stay of arrest is appropriate given the compromise?
Whether petitioners shall cooperate with investigation before submission of police report?
3 provisions across 2 enactments
Shokat And 3 Others
State Of U.P. And 2 Others
Sunita Agarwal
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
