- (1.) Heard learned counsel for the petitioners, Sri Sharad Kumar Srivastava learned counsel for the respondent No.4 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 17.5.2018 which has been registered as Case Crime No. 95 of 2018, under Sections-498A, 377, 511, 323, 504, 506 IPC and Section 3/4 D.P. Act, police station Kidwai Nagar, district Kanpur 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.4 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 reported in (2012) 10 Supreme Court Cases 741 in the matter of Geeta Mehrotra and another versus State of Uttar Pradesh. It is next contended that allegation of attempt of offence under Section 377 IPC has been levelled upon the husband-petitioner No.1. 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.;