Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31084 of 2018 Petitioner :- Aley Hasan @ Ali Hasan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned A.G.A for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 20.1.2018 registered as Case Crime No. 0633 of 2018, under Sections 498-A, 494, 452, 323, 504, 506 I.P.C., P.S.- Shahabad, District- Rampur.
It is submitted by the learned counsel for the petitioner that the petitioners are the father-in-law and brother-in-law of respondent No. 3 living separately from her and her husband having no concern either with her alleged maltreatment in her matrimonial home or with the alleged demand for dowry, yet they have falsely been implicated by the respondent no. 3 in the present case with the ulterior intention of harassing them. The impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of her husband containing absolutely false, concocted, vague and sweeping allegations against the entire family of her husband that they were demanding additional dowry from her and her parents and on account of non fulfillment of the aforesaid demand of dowry, she was maltreated and tortured by them in her matrimonial home. Moreover apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 30.10.2018 C. MANI