Ganesh Dubey And Another vs State Of U.P. And 2 Others
2018 Latest Caselaw 929 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13635 of 2018
 
Petitioner :- Ganesh Dubey And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri A.P.Tewari, learned counsel for the petitioners, Ms. Ibha Sinha, 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 24.8.2017, registered as case crime No.268 of 2017, under Sections 376, 354, 511, 323, 504 I.P.C. and Section 3/4 POCSO act, 2012, Police Station Daraganj, District Allahabad.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the respondent no.3 is sister-in-law (Bhabhi) of petitioner no.1 and husband of respondent no.3 tried to outrage the modesty of petitioner no.2 who is wife of petitioner no.1, for which an FIR was lodged by petitioner no.2 against the husband of respondent no.3 which was registered as case crime No.243 of 2017, under Sections 354, 376, 511, 394, 323, 504, 506 I.P.C., Police Station Daraganj, District Allahabad, in which charge sheet has been submitted, hence, just as a counter version the impugned FIR has been lodged by respondent no.3 against the petitioners levelling absolutely false and frivolous allegations, though 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 :- 25.5.2018/NS