Sarvesh And Another vs State Of U.P. And 3 Others
2018 Latest Caselaw 1196 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14478 of 2018
 
Petitioner :- Sarvesh And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Dileep Kumar Shukla,Nishith Tripathi
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Nishith Tripathi, 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 6.7.2017, registered as case crime No.322 of 2017, under Sections 364, 506, 376, 323, 342 I.P.C., Police Station Dibiyapur, District Auraiya.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that the private respondent no.4 was earlier married to one Vinod Kumar and she fell in extra marital affair with petitioner no.1and also married him on her own sweet will on 11.5.2016 at Arya Samaj Mandir, Kanpur Nagar, a copy of their marriage certificate is annexed as Annexure-3 to the writ petition and from their wedlock a male child is born, who is stated to be living with petitioner no.1, but thereafter respondent no.4 wanted to leave the petitioner no.1 and to live with her earlier husband Vinod Kumar, hence, she lodged the impugned FIR on the basis of an application under Section 156(3) Cr.P.C. against the petitioner no.1 and his nephew petitioner no.2 with a malafide intention. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. From perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.

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 :- 31.5.2018/NS