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Judgment
Heard the learned counsel for the petitioners and learned A.G.A. for the respondents and perused the record of the case. With the consent of learned counsel for the parties, this writ petition is being disposed of finally at this stage without calling for a counter affidavit.
This writ petition has been field with the prayer to quash the F.I.R. dated. 16.08.2013 in Case Crime No. 196 of 2013, under Sections 498A, 323, 313, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Agra.
It is argued by learned counsel for the petitioners that one complaint was instituted by Smt. Rekha Sikarwar, mother of respondents no. 3 and 4 in which the petitioners were summoned under Section 498A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Sikandara, District Agra. The summoning order was challenged before this Court under Section 482 of Cr.P.C. in which notice has been issued to respondent no. 2complainant vide order dated 16.07.2013. Almost on the same allegations, respondents no. 3 and 4 lodged the present F.I.R. against the petitioners to put pressure on them.
In view of the above, the petitioners deserve for interim relief.
From perusal of the F.I.R., a prima facie case under the aforesaid sections/offences is made out at this stage. Therefore, we do not find any cogent reason to quash the F.I.R. The prayer for quashing the F.I.R. is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in Case Crime No. 196 of 2013, under Sections 498A, 323, 313, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Agra, till the submission of police report under Section 173(2) Cr.P.C., subject to the restraint that the petitioners shall cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
However, it may be observed that in case proceedings for cancellation of the license of the petitioners are going on, this order will not come in the way of such proceedings.
With the above direction, this petition is finally disposed of.