Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5255 of 2018 Petitioner :- Smt. Chanda B And 6 Ors. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Dutt Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Learned counsel for the petitioners is permitted to correct the name of the husband of respondent no.3 in the array of parties.
Heard Sri K.D. Tiwari, 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 writ petition has been filed by the petitioners with the prayer to quash the FIR dated 23.1.2018, in case crime no.13 of 2018, u/s 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S.Mahila Thana, district Moradabad.
It has been submitted by the learned counsel for the petitioners that the marriage between the respondent no.3 and son of petitioner no.1 namely Mohd. Rizwan was solemnized in April, 2017. The impugned FIR has been lodged by the informant roping in the entire family of her 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. The husband of respondent no.3 Mohd. Rizwan is in Abu Dhabi who had gone there in November, 2017. It has next been submitted that the petitioner no.2 is the Jeth of respondent no.3. 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 qua the petitioner nos.1 and 3 to 7 hence the impugned FIR is liable to be quashed.
Per contra learned brief-holder opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.1 and 3 to 7 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no.2 (Jeth) is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018 Gaurav