Rajendra @ Raju And 2 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 1066 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14091 of 2018
 

 
Petitioner :- Rajendra @ Raju And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Jai Singh Parihar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri J.S.Parihar, learned counsel for the petitioners, Sri N.K.Verma, 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 9.3.2018, registered as case crime No.304 of 2018, under Sections 376, 506, 323 I.P.C., Polcie Station Vrindavan, District Mathura

Learned counsel for the petitioners submits that the private respondent no.4 is sister-in-law of petitioner no.3 and there was some matrimonial dispute between the respondent no.4 and her husband who is real brother of petitioner nos.1 & 3 and son of petitioner no.2, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioners on the basis of an application under Section 156(3) Cr.P.C. with a malafide intention. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, 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 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.

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

Order Date :- 29.5.2018/NS