Pawan Agrawal vs State Of U.P. And 2 Others
2018 Latest Caselaw 1009 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13791 of 2018
 
Petitioner :- Pawan Agrawal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Yogendra Pal Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Y.P.Singh, learned counsel for the petitioner, Sri N.K.Tiwari, 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 petitioner with a prayer to quash the FIR dated 13.7.2017, registered as case crime No.285 of 2017, under Section 420 I.P.C., Police Station Civil Lines, District Meerut.

Learned counsel for the petitioner submits that the petitioner and respondent no.3 are husband and wife, their marriage was solemnized 24 years ago and from their wedlock 2 children were born who are stated to be 22 years and 20 years respectively as on date. He further submits that there was some matrimonial dispute between the husband and wife, on account of which the impugned FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegation, though no offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.

Learned A.G.A.opposed the prayer for quashing of the FIR.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 28.5.2018/NS