Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3175 of 2021 Petitioner :- Deelshad And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
None has appeared for the respondent despite link being provided to him. We have taken aid of Sri N.K. Srivastava, learned A.G.A for the State and perused the writ petition.
The accused are facing investigation and apprehending their arrest pursuant to the F.I.R. registered as Case Crime No.0489 of 2020 dated 14.12.2020 under Section 498A, 323, 506 of I.P.C. and 3/4 of Dowry Prohibition Act at Police Station, Shikarpur, Bulandshahar and by way of this writ petition, the petitioners seeks quashment of the aforesaid F.I.R.
On perusal of the writ petition, it is clear that this is a dispute between the husband and wife and the family members of the husband and there are certain factual data involved which require to be investigated.
In that view of the matter, even if there are general allegations as submitted by learned counsel for the petitioners, we are not inclined to interfere with the case in the writ jurisdiction. We are even fortified in our view by the decision in State of Telangana Vs. Habib Abdullah Jeelani and others, (2017) 2 SCC 779.
In view of the above, this writ petition is dismissed.
However, if the allegations are such and the offences which are said to have been committed are in the realm of punishment below seven years, the police, it is hoped, would abide by the provisions of Section 41 A of Cr.P.C. before taking coercive action against the petitioners.
This Court is thankful to learned A.G.A. for ably assisting the Court.
Order Date :- 12.5.2021 DKS