The High Court declined to quash an FIR under IPC and Domestic Violence Act. Instead, it directed police to continue investigation but barred arrest of petitioners until the police report is submitted, conditioned on their cooperation.
Petition dismissed; investigation permitted without arrest of petitioners pending police report.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 9498 of 2019 Petitioner :- Sachin Tyagi and 2 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Nitin Gupta Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Nitin Gupta, learned counsel for the petitioners and Sri A.N. Mulla, 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 25.3.2019 registered as Case Crime No.262 of 2019 under sections 498, 323 & 506 I.P.C. and 3/4 D.P. Act P.S. Kotwali City District Bijnor.
Learned counsel for the petitioners submits that entire allegations have been made against husband Nitin Kumar, petitioner nos. 1 and 2 are Jeth and devar and petitioner no. 3 is saas of the respondent no.3, F.I.R. is malafidely motivated, a case of no injury, no offence whatsoever is made out against them, same is liable to be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
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 :- 12.4.2019 Ram Murti
3 issues framed by the court
Whether the FIR disclosing offences under IPC and DP Act is liable to be quashed.
Whether investigation must continue without arresting petitioners till police report is submitted.
Whether petitioner cooperation is a condition for non-arrest during investigation.
3 provisions across 3 enactments
Sachin Tyagi
State of U.P.
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
