Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 4168 of 2018 Petitioner :- Dheerendra Pratap Singh And 6 Ors.
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar (Chandraul) Counsel for Respondent :- G.A.,Ajay Subrat Singh,Indra Sen Singh,Vinod Kumar Singh
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Vide earlier order of this Court dated 10.4.2018, the matter was referred to Mediation Centre and according to report of the Mediation Centre dated 18.7.2018, no agreement could be arrived at.
Heard learned counsel for the petitioners, Sri Ajay Subrat Singh, learned counsel appearing for the respondent no. 4 and learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 04.02.2018 lodged in Case Crime No.0138 of 2018, under Sections 498-A, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Dhoomanganj, District Allahabad.
It has been submitted by learned counsel for the petitioners that entire family members of the husband along with husband have been falsely implicated in the present case by the respondent no.4 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. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
So far as the petitioner no.1-husband Dheerendra Pratap Singh 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.
So far as the petitioner nos. 2 to 7 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 7 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 :- 23.8.2018 Rmk.