Habib And 5 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 992 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13828 of 2018
 
Petitioner :- Habib And 5 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Gauri Shankar Yadav
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri G.S.Yadav, 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 15.5.2018, registered as case crime No.29 of 2018, under Sections 376, 313, 120-B, 323, 504 I.P.C., Police Station Golhaura, District Siddharth Nagar.

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 submits that the victim respondent no.4, who is wife of petitioner no.2, had developed some relationship with her brother-in-law (Jija) and when she was found in compromising position with her brother-in-law, the same was objected by her husband petitioner no.2, on account of which the impugned FIR has been lodged by respondent no.4 against the petitioner no.2 and his entire family members levelling false and frivolous allegations, though no offence is made out against the petitioners, hence, FIR is liable to 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 :- 28.5.2018/NS