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Jahid And Another vs State Of U.P. And 2 Others on 13 September, 2017

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 42

Case :- CRIMINAL MISC. WRIT PETITION No. – 18717 of 2017

Petitioner :- Jahid And Another

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Satyam Narayan

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Aniruddha Singh,J.

Heard Sri Satyam Narayan, learned counsel for the petitioners, Sri P.S.Yadav, lerned AGA 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 12.7.2017 registered as Case Crime No.599 of 2017, under Sections 498A, 307,323, 316, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-Lisarigate, District Meerut.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that the marriage between the  the  son of petitioner no.1 and sister of respondent no.3 was solemnized three years ago and after marriage some dispute arose between the parties, on account of which the present FIR has been lodged levelling false and frivolous allegations, hence, the same is liable to be quashed by this Court. He next argued that the husband of sister of respondent no.3 has already got himself bailed out from the competent 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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