Rajendra Kumar Pandey And 2 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 618 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12617 of 2018
 

 
Petitioner :- Rajendra Kumar Pandey And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kartikeya Saran
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Kartikeya Saran, 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 writ petition has been filed by the petitioners with a prayer to quash the FIR dated 14.4.2018, registered as case crime No.179 of 2018, under Section 364 I.P.C., Police Station Bharthana, District Etawah.

It has been submitted by the petitioners that the marriage between the petitioner no.1 and daughter of respondent no.4 was solemnized in the year 2011. He further submitted that the there was some matrimonial dispute between the petitioner no.1 and daughter of respondent no.4, hence, the impugned FIR has been lodged by the respondent no.4, who is mother of the victim abductee roping in the entire family of her daughter's husband, i.e., petitioner no.1 containing absolutely false, concocted, vague and sweeping allegations against them.It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 & 3, hence the impugned FIR is liable to be quashed.

Per contra, learned AGA opposed the prayer for quashing of the FIR and submitted that the victim wife has not yet been recovered.

After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 & 3 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.

With this direction, this petition is finally disposed of.

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

Order Date :- 17.5.2018/NS