Mahendra Kumar & Ors. vs State Of Up Thru. Prin. Secy. Home ...
2017 Latest Caselaw 2491 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15772 of 2017
 
Petitioner :- Mahendra Kumar & Ors.
 
Respondent :- State Of Up Thru. Prin. Secy. Home Deptt. & Ors.
 
Counsel for Petitioner :- Manjusha Kapil
 
Counsel for Respondent :- Govt. Advocate,Shiv Shanker Singh
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Ms. Manjusha Kapil, learned counsel for the petitioners, Sri S.S. Singh, learned counsel for 4, Sri G.D. Bhatt, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated 14.5.2017 registered as Case Crime No.485 of 2017,under Sections 419, 420, 467, 468, 471, 497, 364 I.P.C., Police Station-Kotwali, District Barabanki.

Learned counsel for the petitioners submits that there was some matrimonial dispute of daughter of petitioner no.1 who was married to respondent no.4 and divorce has also been decreed and they both are living separately and present FIR has been lodged by respondent no.4 against the petitioners by respondent no.4 who are family members of his wife levelling false and frivolous allegation against them. He further argued that there was some dispute between the respondent no.4 and his wife regarding custody of their minor child, for which respondent no.4 has filed First Appeal No.74 of 2015 which has been disposed of by another Bench of this Court vide order dated 9.12.2016 with certain direction, copy of which has been annexed at page-44 of the writ petition. From perusal of the FIR, no offence is made out against the petitioners, hence the same be quashed.

Learned A.G.A. as well as learned counsel for the respondent no.4 opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

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.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 18.7.2017/NS