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Sunil Chauhan And 6 Others vs State Of U.P. And 2 Others on 13 September, 2017


?Court No. – 42

Case :- CRIMINAL MISC. WRIT PETITION No. – 18722 of 2017

Petitioner :- Sunil Chauhan And 6 Others

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

Counsel for Petitioner :- Mohit Singh

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Aniruddha Singh,J.

Heard Sri Mohit Singh, learned counsel for the petitioners, Sri I.P. Srivastava, 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 9.6.2017 registered as Case Crime No.315 of 2017, under Sections 498A, 504, 323, 506, 377 I.P.C. and 3/4 D.P. Act, Police Station-Gulriha, District-Gorakhpur.

It has been submitted by the petitioners that the petitioners are innocent and have been falsely implicated in the present case. He further submits that the marriage between the petitioner no.1 and respondent no.3 was solemnized in the year 2015.Thereafter some dispute arose between the parties, on account of which the present FIR has been lodged against the petitioner no.1 and his family members who are rest of the petitioners levelling false and frivolous allegations, 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 petitioner 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.

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

Order Date :- 13.9.2017/NS



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