Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5260 of 2018 Petitioner :- Anil Kumar And 6 Ors.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Mohd. Akbar Shah Alam Khan, learned counsel for the petitioners, Sri R.K. Mishra, learned brief-holder for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 17.2.2018, in case crime no.70 of 2018, u/s 452, 323, 307, 498-A, 504, 506 IPC and 3/4 D.P.
Act, P.S.Charthawal, district Muzaffarnagar.
It has been submitted by the learned counsel for the petitioners that the marriage between the petitioner no.1 and respondent no.4 was solemnized in the year 2016. The impugned FIR has been lodged by the informant roping in the entire family of his daughter's husband, petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from his daughter 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. He further submits that it is a case of no injury, the said fact is mentioned in para no.12 of the present petition. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 to 7 hence the impugned FIR is liable to be quashed.
Per contra learned brief-holder opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.2 to 7 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018 Gaurav