Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7588 of 2018 Petitioner :- Brijesh Yadav Alias Kallan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.P. Singh, learned counsel for the petitioners, Sri R.K. Mishra, learned brief-holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 12.3.2018, registered as Case Crime No.126 of 2018, u/s 498-A, 323, 504, 506, 376 IPC and 3/4 D.P. Act, P.S.Vidhanoo, district Kanpur Nagar.
Learned counsel for the petitioners submits that petitioner no.1 is the husband of daughter of respondent no.3. The marriage between the petitioner no.1 and respondent no.3 was solemnized in the year 2011. The allegation against the father-in-law is under Section 306 IPC who is already confined in jail. The impugned FIR has been lodged by the respondent no.3 roping the entire family of his daughter's husband containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. Hence the impugned FIR is liable to be quashed.
Learned brief-holder opposed the prayer for quashing 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 and the law laid down by the Apex Court in the case of Rajesh Sharma vs. The State of U.P. in Crl. Appeal No. 1265 og 2017 decided on 27.7.2017, 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 he 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 Gaurav