Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15878 of 2020 Petitioner :- Gajendra Yadav @ Rohit And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A Kumar Srivastava,Manish Kumar Counsel for Respondent :- G.A.,Shruti Malviya
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and learned AGA for the State.
The instant petition has been filed with a prayer to quash the FIR, registered as Case Crime No. 0198 of 2020, under Section 498-A, 420, 328, 376, 511 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Ghaziabad.
It is urged that the entire family has been maliciously made accused in the impugned FIR. Petitioner nos. 2 and 5 are married sister in laws. Both of them are suffering from Cancer. Petitioner no. 4 is niece and she is student of M.B.B.S in Subharti Medical College, Meerut. The main role assigned in the FIR is to the husband and Surendra (petitioner nos. 1 and 2). It is urged that petitioner no. 6 is suffering from paralysis of the right side and there is also no specific allegation against him in the impugned FIR.
Ms. Shruti Malviya, Advocate has entered appearance on behalf of respondent no. 3. She is not in a position to dispute the above submissions. However, she vehemently contended that petitioner no. 1 is suffering from Impotency and there is no chance of dispute being settled amicably.
Having considered the submissions of learned counsel for the parties and the nature of allegations in the FIR, we do not find it a fit case for interference at the behest of petitioner nos. 1 and 2 as the matter requires to be thoroughly investigated in respect of their role in the alleged offence. Writ petition at their behest is accordingly dismissed.
However, we find prima facie case in favour of petitioner nos. 3 to 6.
Learned AGA and learned counsel for respondent no. 3 are granted three weeks time to file counter affidavit in respect of the case set up by petitioner nos. 3 to 6.
List in week commencing 1st February 2021.
Having regard to the facts of the case and the submissions made, till the next date of listing or till submission of police report under Section 173(2) CrPC, whichever is earlier, no coercive action shall be taken against petitioner nos. 3 to 6 in pursuance of the FIR registered as Case Crime No. 0198 of 2020, under Section 498-A, 420, 328, 376, 511 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Ghaziabad.
However, they shall offer full cooperation in the investigation.
(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.1.2021 Jaideep/-