Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25801 of 2019 Petitioner :- Anish And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narendra Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 29.09.2019 registered as Case Crime No.44 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Fatehgarh (Farrukhabad).
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the allegations are false and mala fide and to exert pressure upon the husband to extract a favourable settlement, the entire family of the husband has been implicated by levelling general allegations. It has been submitted that under the circumstances, at least petitioners 2 to 7 may be accorded protection.
Be that as it may, as allegations are there against all the accused, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that in so far as petitioner no.2 (Tasliman @ Satwari Begum); petitioner no.3 (Amna); petitioner no.4 (Salim Mansoori); petitioner no.5 (Chand Mohammad); petitioner no.6 (Abdulla); and petitioner no.7 (Munisa) are concerned, the investigation of the case shall continue and brought to its logical conclusion but they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they co-operate in the investigation. The petition of petitioner no.1 (Anish-husband of the victim) stands dismissed without prejudice to their right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 18.12.2019 AKShukla/-