Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11462 of 2019 Petitioner :- Amit Kumar Satyarthi @ Amit Kumar And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Chandra Shukla Counsel for Respondent :- G.A.,Kuldeep Kumar
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Akhilesh Chandra Shukla, learned counsel for the petitioners, Sri Kuldeep Kumar, learned counsel for the respondent no.3 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 03.02.2019, registered as Case Crime No. 51 of 2019 under Sections 498A, 323, 354, 376, 511, 504, 377, 313, 307, 427 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Daurala, District-Meerut.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the F.I.R. lodged by the respondent no.3 Smt. Sheetal. Absolutely false allegations have been made in respect of demand of dowry. The respondent no.3 has roped the entire family members so as to build pressure upon them. Hence the F.I.R. deserves to be quashed.
Per contra learned A.G.A. as well as learned counsel for the respondent no.3 contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations. The respondent no.3 has narrated her agony and chagrin in a very natural manner. She will not invite indelible stigma on her character exposing false allegations.
From the perusal of the F.I.R., prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences which cannot be oversighted by this Court at this stage hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the F.I.R. is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that the petitioner nos. 3, 4 and 7 Smt. Rekha Rani, Km, Meenu and Smt. Asha shall be released on interim bail till the final disposal of the regular bail application.
Order Date :- 30.4.2019 Rahul.