Sudhanshu Chaudhary and 4 Others v. State of Up and 2 Others

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 9561 of 2024 Petitioner :- Sudhanshu Chaudhary And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Umesh Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Umesh Kumar, learned counsel for the petitioner and Sri Ghanshyam Kumar, learned A.G.A. appearing for the State respondents.

1. Present petition has been filed for quashing the impugned F.I.R. dated 3.3.2024 registered as Case Crime No. 121 of 2024, under Sections 498-A IPC and Section 3/4of D.P. Act, Police Station Jhagha, District Gorakhpur. Further prayer has been made not to arrest the petitioner in the present case.

1. Submission of learned counsel for the petitioners is that the present criminal prosecution has been lodged after the husband has filed divorce petition under Section 13 of the Hindu Marriage Act being Case No. 1237 of 2023 (Sudhanshu vs. Smt. Sarita), whereas present first information report was lodged on 3.3.2024 with general allegations implicating all the family members. It is further pointed out that the aforesaid divorce petition was finally allowed ex-parte vide judgment dated 29.4.2024 after service of notice on the respondent wife.

1. Matter requires consideration.

1. All the respondents may file counter affidavit within four weeks. The petitioners shall have three weeks thereafter to file rejoinder affidavit.