Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10457 of 2018 Petitioner :- Ankit Choudhary And 4 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Exemption application is allowed.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 15.04.2018 registered as Case Crime No. 246 of 2018, under Sections 498-A, 323, 307, 504, 506, 376, 511, 406 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Ramala, District Baghpat.
Learned counsel for the petitioners has submitted that there is a matrimonial dispute between the husband and wife; the marriage is of the year 2015 and the incident is of the year 2018; respondent no.3 Smt. Sonis (wife) compelled the petitioner no.1 (husband) to leave his family and live separately.
Learned counsel for the petitioners has further submitted that the impugned FIR has been lodged by the complainant-respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R., which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also keeping in view the law as laid down by the Apex Court in the case of B.S. Joshi v. State of Haryana; 2003 (4) SCC 675, and Rajesh Sharma and Others v. State of U.P. And others (SLP (Crl.) No. 2013 of 2017 decided on 27.7.2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation.
With the aforesaid observations, the present writ petition is finally disposed of.
Order Date :- 24.4.2018 Nadim