Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 3341 of 2018 Petitioner :- Gagan Gupta And 3 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Abhijit Banerjee,Nitin Chopra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Abhijit Baneerjee, learned counsel for the petitioners,Sri Ashish Pandey, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 13.1.2018 registered as Case Crime No.9 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Moradabad.
Learned counsel for the petitioners submits that the present petition has been filed on behalf of family members of co-accused Rahul Agarwal, who is husband of respondent no.4 and the petition on behalf of co- accused Rahul Agarwal is likely to come up before this Court in a day or two.
Learned counsel for the petitioners submits that the petitioners are family members of co-accused Rahul Agarwal and have been falsely implicated in the present case. He further submits that the marriage between respondent no.4 and son of petitioner no.3, namely, Rahul Agarwal was solemnized on 1.9.2017 and after marriage some differences arose between the husband and wife, on account of which respondent no.4 has lodged the impugned FIR roping her husband including his entire family containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. 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, hence the impugned FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Rahul Agarwal (husband of respondent no.4).
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018/NS