Vinod Kumar And 8 Others vs State Of U.P. And 3 Others on 13 September, 2017

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 42

Case :- CRIMINAL MISC. WRIT PETITION No. – 18713 of 2017

Petitioner :- Vinod Kumar And 8 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Vijay Bahadur

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Aniruddha Singh,J.

Heard Sri Vijay Bahadur, learned counsel for the petitioners, Sri  P.S.Yadav, learned AGA for the State and perused the impugned FIR as well as material brought on record.

This writ petition has been filed by the petitioner with a prayer to quash the FIR dated  14.4.2017registered as Case Crime No.542 of 2017, under Sections 498A, 323, 504, 506, 307 I.P.C, Police Station-Quarsi, District Aligarh.

Learned counsel for the petitioners submits that the petitioner no.1 is the husband of respondent no.3 and their marriage was solemnized in the year 2016. Thereafter some dispute arose between the parties, on account of which the present FIR has been lodged  by respondent no.4 levelling false and frivolous allegations against the petitioner no.1 and other petitioners who are family members of petitioner no.1, hence, the same is liable to be quashed by this Court.

Learned AGA opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

Considering the submissions advanced by learned counsel for the parties and nature of the allegations and the law laid down by the Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another in Criminal Appeal No.1265 of 2017 decided on 27.7.2017, 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 he shall co-operate with the investigation of the case.

With the above direction this petition is finally disposed of.

(Aniruddha Singh, J.)     (Ramesh Sinha, J.)

Order Date :- 13.9.2017/NS

 

 

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