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2025 DAILYLAW 41068 (ALL)

AYUSH PORWAL AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/7031/2025 · 2025-04-21

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59529-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7031 of 2025 Petitioner :- Ayush Porwal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- G.A.,Hariom Kamal Singh,Varad Nath Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State respondents. 2. This writ petition has been filed praying to quash the first information report dated 13.06.2024 registered as Case Crime No.01.10.2024 registered as Case Crime No. 223 of 2024 at P.S- Mahila Thana, District Muzaffarnagar and not to arrest the petitioners pursuant to the said FIR. 3. Learned counsel for the petitioners has vehemently contended that there is a matrimonial dispute and in most arbitrary manner, the investigating officer has proceeded to submit chargesheet under Section 173 Cr.P.C. read with Section 195, therefore, the impugned FIR is liable to be quashed. 4. Per contra, Ms. Divya Ojha, learned AGA-I states that during investigation, the complicity of the petitioners were found. Accordingly, police report had been submitted and cognizance has also been taken by the competent court. 5. Confronted with the situation, Shri Varad Nath, learned counsel for the petitioners states that the instant writ petition may be dismissed as not pressed and leave may be accorded to press the appropriate relief under the BNSS 2023. 6. Accordingly, the writ petition is dismissed as not pressed with the aforesaid leave. Order Date :- 22.4.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad