Allahabad High Court
Abdul Salam & Others vs State Of U.P. & Others on 29 June, 2010
Bench: Ashok Bhushan, Yogesh Chandra Gupta
Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11088 of 2010 Petitioner :- Abdul Salam & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- V.P. Gupta Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A.G,A. for the State.
No notice is issued to respondent No. 3 in view of the order which is being passed. However, liberty is reserved for respondent no. 3 to apply for variation/modification of this order.
By means of this writ petition the petitioners prayed for quashing of FIR dated 17.5.2010 in case Crime No. 32 of 2010, under Sections 323, 504, 506, 498-A I.P.C., Police station Mahila Thana, District J.P.Nagar.
Petitioners' case in the writ petition is that petitioner No. 1 was married with respondent No. 3 on 25.6.1985 and after about 25 years an FIR on the basis of application under Section 156 (3) Cr.P.C. was lodged. A perusal of FIR does disclose commission of offence and we are not satisfied that it is a case for quashing of FIR at this stage. However, looking to the facts stated in the writ petition till report under Section 173 (2) Cr.P.C. is submitted, the petitioners be not arrested in pursuance of case Crime No. 32 of 2010, under Sections 323, 504, 506, 498-A I.P.C., Police station Mahila Thana, District J.P.Nagar.
In view of the aforesaid, the writ petition is disposed of.
Order Date :- 29.6.2010 Zh