Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 16575 of 2017 Petitioner :- Devendra & 8 Others Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
List has been revised. None appears on behalf of petitioners to press this petition. Learned A.G.A. for the State-respondents is present.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 12.07.2017 lodged in Case Crime No.506 of 2017, under Sections 498A, 323, 342, 504, 506 I.P.C., and 3/4 Dowry Prohibition Act, Police Station Atrauli, District Aligarh.
Vide earlier order of this Court dated 22.8.2017, the matter was referred to Mediation Centre. A report has been submitted by the Mediation Centre which shows that mediation failed.
It has been averred in the present petition that entire family members of the husband along with husband have been falsely implicated in the present case by the respondent no.3 on general allegation, which is against the settled principle of law as laid down by the Hon'ble Supreme Court in case of Geeta Mehrotra and another Vs. State of U.P. reported in 2012(10) SCC 741.
So far as the petitioner no.1-husband is concerned the following order is being passed:-
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioner no.1-husband appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
So far as the petitioner nos. 2 to 9 are concerned the following order is being passed:-
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioner nos. 2 to 9 shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 25.7.2018 Rmk.