Neutral Citation No. - 2025:AHC-LKO:6087-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 688 of 2025 Petitioner :- Mohd. Kaish And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record. 2. The present writ petition has been filed with the following prayers: "(i) Issue a writ order or direction in the nature of certiorari quashing the impugned First Information Report dated 30-06- 2024, lodged by opposite party no. 3 contained at Annexure No. I to this writ petition against the Petitioners, which has been registered as Case Crime No. 0178/2024, Under Section - 504,506,376,420,452 I.P.С., Police Station - Jaisinghpur, District - Sultanpur, in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties, not to arrest the petitioners based on the aforesaid First Information Report dated 30-06- 2024 contained at Annexure No. I to this writ Petition." 3. It has been submitted by learned counsel for the petitioner that the petitioners have been falsely implicated in the impugned F.I.R. and in the statement of independent witnesses and villagers, which was recorded by the investigating officer, they denied the incident altogether to have happened and they also stated that it was only a matrimonial dispute between the petitioner and his wife, which has resulted in, the wife making such serious allegations against the petitioner no.1. Final Report No.1 dated 19.08.2024 was submitted by the investigating officer to the court concerned saying that it was a matrimonial dispute, which are solved through the family court. Learned trial court, however, has rejected the Final Report on 20.09.2024 and directed the Station House Officer of the police station concerned for further investigation in the case. 4. It has also been submitted by learned counsel for the petitioners that respondent no.3 has concocted a story of harassment only to get even with the petitioners with whom she is annoyed. 5. Learned A.G.A. has produced before this Court instructions dated 27.01.2025 sent by Shri Heeralal Yadav, Sub Inspector, Police Station Kotwali Jaisinghpur, District Sultanpur, wherein almost the same story as has been argued by learned counsel for the petitioners has been stated and but it has also been stated that after the trial court rejected the Final Report and directed further investigation, the investigating officer approached the petitioner no.1 for documentary evidence regarding their marriage having been verified with the alleged victim, but no such documentary evidence has till date been given by the petitioner no.1 to the investigating officer. 6. The writ petition is disposed of with direction to the petitioner to approach the investigating officer/Station House Officer, Police Station Jaisinghpur, District Sultanpur on 04.02.2025 at 02:00pm to give all documentary evidence in his office that the petitioner no.1 has legally married the respondent no.3 and the dispute is purely matrimonial in nature. 7. The Station House Officer, Police Station Jaisinghpur, District Sultanpur shall look into the matter personally and then take appropriate decision in this regard within a further period of one week thereafter i.e. latest by 12.02.2025. 8. Till 12.02.2025, the petitioners shall not be arrested in pursuance of the impugned F.I.R. subject to their cooperation and compliance of the aforesaid direction, failing which this protection shall automatically come to an end without any further reference of this Court. Order Date :- 29.1.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench