Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15998 of 2019 Petitioner :- Akhtar Ali And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vindhyachal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Vindhyachal Singh, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 19.5.2019, registered as Case Crime No.426 of 2019, u/s 498-A, 354, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Kalyanpur, district Kanpur Nagar.
Learned counsel for the petitioners submits that petitioner no.1 is the husband of respondent no.4. The marriage between the petitioner no.1 and respondent no.4 was solemnized in the year 28.3.2018. The impugned FIR has been lodged by the respondent no.4 roping in the entire family of her husband containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. Hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Gaurav