Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7479 of 2018 Petitioner :- Smt. Bala And 3 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Rajnish Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Rajnish Dubey, 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 28.2.2018 registered as Case Crime No.85 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad.
It has been submitted by the petitioners that the marriage between respondent no.3 and co-accused Subhash who is son of petitioner no.1 was solemnized in the year 2015. He further submits that after marriage some dispute arose between the husband and wife and husband of respondent no.3 filed divorce petition under Section 13(1) of the Hindu Marriage Act before the family Court Karkarduma, Delhi in which notice has been served to respondent no.3 and thereafter the impugned FIR has been lodged by the respondent no.3 against her husband including the petitioners who are his family members 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 she was being tortured and maltreated by them in her matrimonial home. He argued that the co-accused Subhash has already got himself bailed out from the competent court. 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