Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2305 of 2019 Petitioner :- Dharmendra And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girish Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 10.01.2019 in respect of Crime No. 10 of 2019 for the offence under Sections 498A, 323, 504, 506, 452, 294, 406 of I.P.C. and 3/4 D.P. Act, P.S.
Collector Bukganj, District Bareilly.
As per pleadings, marriage of the complainant was solemnized with petitioner no. 1, Dharmendra on 05.12.2014 but from the initial days of marriage, there was dispute between the couple. It appears that only on general allegations, the present FIR has been registered against the entire family including mother-in-law, father-in-law, brothers-in-law and sister-in-law. It also appears that if some protective order is not given to the petitioners, chances of amicable settlement between the parties would be remote.
Considering the nature of allegations and the pleadings made in the petition, we are not inclined to quash the proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.1.2019 AKK/AV