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Ashok Gupta And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|28 March, 2018
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JUDGMENT / ORDER

Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7521 of 2018 Petitioner :- Ashok Gupta And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Singh Chahar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri K.S.Chahar, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 23.12.2017 registered as Case Crime No.1207 of 2017, under Sections 498-A, 323, 504, 328, 354 I.P.C. and Section 3/4 D.P. Act, Police Station New Agra, District Agra.
It has been submitted by the petitioner that the marriage between the son of petitioner nos. 1 and 2, namely, Anoop Kumar Gupta and sister of respondent no.3 was solemnized in the year 2007. He further submitted that the impugned FIR has been lodged by the respondent no.3 against the petitioners who are family members of Anoop Kumar Gupta, husband of the victim wife, containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry and on account of non fulfilment of the alleged demands of dowry his sister was being tortured and maltreated by them in her matrimonial home. The husband of the victim wife has not been made an accused in the present case. 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, hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 28.3.2018/NS
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Title

Ashok Gupta And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 March, 2018
Judges
  • Ramesh Sinha
Advocates
  • Kuldeep Singh Chahar