- (1.) Heard learned counsel for the petitioners and learned A. G. A. for the State.
(2.) This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 25.1.2018 which has been registered as Case Crime No. 0007 of 2018, under Sections-498A, 323, 354, 377, 376D, 506 IPC and Section 3/4 D.P. Act, police station? Mahila Thana Muzaffar Nagar, district Muzaffar Nagar so far it relates to the petitioners. .
(3.) It is contended by learned counsel for the petitioners that on account of matrimonial discord between the spouses, petitioner No. 1-husband and his family members have been falsely implicated in the present case by the respondent No.3 on general allegations, therefore, criminal prosecution of the petitioners is in clear contravention of the settled principle of law laid down by Hon'ble Apex Court in the matter of Geeta Mehrotra and another versus State of Uttar Pradesh, 2012 10 SCC 741. It is next contended that allegation of offence under Section 377 IPC has been levelled upon the husband-petitioner No.1 and the allegation of offence under Section 376D IPC has been levelled upon the petitioner No. 4. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.;