Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24113 of 2019 Petitioner :- Arif Vaheed And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishnakant Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for respondents 1 & 2 and perused the record.
The instant petition seeks quashing of the first information report dated 28.8.2019, registered as Case Crime No. 114 of 2019, under Sections 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Gautam Budh Nagar.
The contention of the learned counsel for the petitioners is that the informant (respondent No.3) was married to the petitioner No.1, namely, Arif Vaheed in the year 2012 and on account of matrimonial differences between the husband and wife, the impugned first information report was lodged and the entire family of the husband has been falsely implicated by levelling general allegations.
Be that as it may, as the allegations disclose commission of cognizable offences, the matter would have to be investigated, therefore, the prayer of the petitioners to quash the first information report cannot be accepted.
However considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that in so far as petitioners No. 2 to 7 namely Umaruddin, Zafar, Zaffari, Dilshad, Meharbano and Vaheed are concerned, the investigation as against them shall continue and brought to its logical conclusion but they shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., provided they cooperate in the investigation.
In so far as petitioner No. 1 Arif Vaheed (husband of respondent No. 3) is concerned, his petition is dismissed without prejudice to his right to apply for bail/anticipatory bail as may be advised.
The petition stands disposed off.
Order Date :- 26.11.2019 Vandana