Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2806 of 2021 Petitioner :- Deepak And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Jaiswal Counsel for Respondent :- G.A.,Anupama Parashar,Satendra Kumar Upadhyay
Hon'ble Manoj Misra,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; Sri Satendra Kumar Upadhyay for respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 15.02.2021 registered as Case Crime No.0046 of 2021, under Sections 498-A, 323, 504, 506, 324 and 307 IPC and Section 3/4 of Dowry Prohibition Act at P.S. Sindhawali Aheer, District Baghpat.
The allegations made in the impugned first information report disclose commission of cognizable offence.
The contention of learned counsel for the petitioners is that the allegations are false and have been levelled as a counter blast to proceedings initiated by husband of third respondent against the third respondent for restitution of conjugal rights.
Learned counsel for the third respondent submits that this is a case where there is injury report to support the allegations and from the allegations it is clear that the victim was physically assaulted on 12th February, 2021.
Whether the allegations are false or not would have to be determined on the basis of material collected during the course of investigation and the evidence led in trial and therefore, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 5.4.2021. Rks.