Arun Kumar Maurya & Anr. vs State Of Up Thru. Prin. Secy. Home & ...
2017 Latest Caselaw 2534 ALL

Citation : 2017 Latest Caselaw 2534 ALL
Judgement Date : 19 July, 2017

Allahabad High Court

Arun Kumar Maurya & Anr. vs State Of Up Thru. Prin. Secy. Home & ... on 19 July, 2017

Bench: Ramesh Sinha, Rekha Dikshit




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15848 of 2017
 
Petitioner :- Arun Kumar Maurya & Anr.
 
Respondent :- State Of Up Thru. Prin. Secy. Home & Ors.
 
Counsel for Petitioner :- Girish Kumar "Kannojia"
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri G.K.Kannojia, learned counsel for the petitioners, 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 3.3.2017 registered as Case Crime No.115 of 2017, under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P.Act, Police Station-Vibhuti Khand, District Lucknow.

Learned counsel for the petitioners submits that petitioner no.1 is husband of respondent no.4 as the marriage between them was solemnized in the year 2001 and from their wedlock two children were born. He further submits that it appears that respondent no.4 was having some relationship with another person which was disliked by petitioner no.1 and he resisted for the same, hence, the present FIR has been lodged by respondent no.4 against the petitioners with malafide intention levelling false and frivolous allegation. From perusal of the FIR, offence is made out against the petitioners, hence the same be quashed.

Learned A.G.A. 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 :- 19.7.2017/NS