SMT. SUMAN AND OTHERS Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2012-1-867
HIGH COURT OF ALLAHABAD
Decided on January 13,2012

Smt. Suman And Others Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate. This writ petition has been filed for quashing of an FIR in case crime No. 2179 of 2010 under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Indra Puram, District, Ghaziabad.
(2.) WHILE entertaining the writ petition, this court, at the threshold, relegated both the parties for conciliation before the mediation centre of this court. The mediation centre has submitted its report dated 18.8.2011 that though the mediation took place on five dates, no agreement could be reached. It is urged that the marriage between the husband, petitioner no. 6 and the wife, respondent no. 3 took place on 22.1.2006 according to Hindu rites and a son was born on 30.10.2006. It is further urged that the respondent was forcing her husband to get his share divided in the parental property but the petitioner refused and the lady tried various tricks leading to strained relations between the petitioner and his old parents. She used her position as a lawyer in poisoning the atmosphere of the entire family and also was neglecting the son and finally she went away to her parent's home in April, 2009 forcing the petitioner to file a suit for divorce on 1.5.2010. It is further urged that as a counterblast this first information report has been lodged by implicating the entire family of the petitioner after receiving a notice of divorce.
(3.) THE writ court is not competent to go into questions of facts and on the allegations, it cannot be said that no prima facie case is disclosed.;


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