Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23070 of 2018 Petitioner :- Deep Narayan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Deo Mishra,Shri Ram (Rawat) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri I.D.Mishra, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 17.2.2018, registered as case crime No.112 of 2018, under Sections 406, 504 I.P.C. and Section 3/4 D.P. Act, P.S. Kasaya, District Kushinagar.
It has been submitted by the petitioners that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the marriage between the petitioner no.1 and daughter of respondent no.3 was settled but the same could not be solemnized. The main allegation has been levelled against the co-accused Pramod who refused for the marriage and it is stated that he is not the family member of the petitioners, as is evident form the Parivar Register of the petitioners, copy of which has been annexed at page-27 of the writ petition. He further submitted that the impugned FIR has been lodged by the respondent no.3 containing absolutely false, concocted, vague and sweeping allegations against the petitioner. 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 qua the petitioner nos.3, 4 & 6 who are ladies, hence the impugned FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the co-accused Pramod happens to be real brother of petitioner no.1 and he is so called person who refused the marriage for demand of dowry and no date has been mentioned in the family register, copy of which has been annexed at page-27 of the writ petition.
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.3, 4 & 6 who are ladies, 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 nos.1, 2 & 5 are is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018/NS