Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2659 of 2019 Petitioner :- Asif Ali @ Asif Ali Siddiqui And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Saran Counsel for Respondent :- G.A.,Shamim Ahmad Ansari
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Siddharth Saran, learned counsel for the petitioners, Sri Shamim Ahmad Ansari, learned counsel for the complainant and Sri R.L. Dwivedi, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 12.1.2019 in respect of Crime No. 0001 of 2019 for the offence under Sections 498A, 323, 504, 506, 406 of I.P.C. and 3/4 of the Dowry Prohibition Act, P.S. Mahila Thana, District Basti.
Learned counsel for the petitioners submits that the Nikah of petitioner no. 1 was solemnized with the complainant, Farheen Khatoon on 21.6.2018 but the complainant lived with the petitioners just for six months. As the complainant could not adjust in the joint family, which according to the petitioners, is a poor family, she left her matrimonial house and is living with her uncle and aunt. Learned counsel submits that complainant is pressurizing the petitioner no.1 to live separately but the financial condition of his family does not permit him to leave the joint family. It has been argued that if any of the petitioners is arrested, chances of amicable settlement would be remote.
Learned A.G.A. and learned counsel for the complainant oppose the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 31.1.2019 RK/AKK