Anil and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4802 of 2023 Petitioner :- Anil And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Pramod Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel appearing for the accused-petitioner and learned Additional Government Advocate appearing for the State.

¶2Present petition under Article 226 of the Constitution of India has been filed seeking quashing of FIR No.0116 of 2023 under Sections 376, 452, 504, 506, 323 IPC, 3/4 POCSO Act, Police Station Asiwan, District Unnao.

¶3Learned counsel appearing for the petitioners submits that impugned FIR has been lodged in counter blast and in retaliation to the suit for restitution of conjugal rights filed by the petitioners. Daughter of respondent No.4 and petitioner No.1 have performed marriage.

¶4Considering the submission, we direct that till the credible evidence against petitioners is found, they shall not be arrested subject to full cooperation in the investigation.

¶5With the aforesaid, the petition is disposed of. (Syed Qamar Hasan Rizvi,J.) (Dinesh Kumar Singh, J.) Order Date :- 22.6.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench