Court No. 20
Writ Petition No. 7127 (M/B) of 2010
Smt Gayatri Devi and others Petitioners
Vs
State of U.P and others Opp. Parties
Hon'ble Raj Mani Chauhan, J.
Hon’ble Virendra Kumar DIXIT,J.
Heard learned counsel for the petitioners, learned A.G.A and perused the
documents available on record.
This petition under Article 226 of the Constitution of India has been filed
by the petitioners for quashing the impugned FIR, registered in case crime No. 54
of 2010, under Sections 498-A, 323, 506 I.P.C. and Section ¾ D.P. Act at Police
Station Manak Nagar, District Lucknow and also for direction to the opposite
parties not to arrest the petitioners in pursuance to the said impugned FIR.
The submission of learned counsel for the petitioners is that the marriage
of opposite party No.4 Renuka Saini was solemnised with Manoj Kumar Saini in
the year 2000. Since then her husband and his family members were demanding
Rs.50,000/- but she never moved any complaint either to Police or any Officer.
The relations between the opposite party No.4 and her husband became strained.
The husband of opposite party No.4 has already filed a petition under Section 13
of the Hindu marriage Act, 1955 against her for dissolution of marriage.
Thereafter, she lodged the impugned FIR with false allegation against the
petitioners just to harass and pressurise him. The petitioner No.1 Gayatri Devi,
who is mother-in-law of opposite party No.4, is old aged ailing lady. The
petitioners No. 4 to 8 were living separate from the opposite party No.4 and her
husband. They have falsely been implicated by the complainant. Therefore, they
needs protection during investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioners and learned
A.G.A.
Issue notice to opposite party No. 4 to file counter affidavit within four
weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Keeping in view the facts and circumstances of the case, it is provided that
till the next date of listing, petitioners will not be arrested in the aforesaid case
crime number by the Investigating Officer, subject to their cooperation in the
investigation which will go on.
29.07.2010
Renu/-