Smt. Sapna vs State Of U.P. And 2 Others
2018 Latest Caselaw 578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12459 of 2018
 
Petitioner :- Smt. Sapna
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Syed Shahnawaz Shah
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri S.S.Shah, learned counsel for the petitioner, 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 petitioner with a prayer to quash the FIR dated 6.3.2018, registered as case crime No.52 of 2018, under Sections 364, 323, 506 I.P.C., Police Station Kotwali Nagar, District Moradabad.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that brother of the petitioner was having some affair with the victim of the case and he is already confined in jail. He next argued that father of the petitioner has also been granted bail by this Court.The allegation levelled against the petitioner is absolutely false, frivolous and baseless. 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, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

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 she 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 :- 16.5.2018/NS