Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25744 of 2019 Petitioner :- Ganesh Prasad Dixit And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Sunder Mishra Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioners in the present writ petition are seeking quashing of the F.I.R. registered as Case Crime No. 10 of 2019 under sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act Police Station Mahila Thana District Fatehpur with a further prayer not to arrest them in pursuance of the said first information report.
The allegation in the F.I.R. is that the informant was married with Vikas on 27.11.2013 according to Hindu rituals. It is further alleged that her in-laws were not happy with the marriage and started torturing her as well as her husband on account of demand of dowry. Her husband was very upset and left the house on 24.9.2016 and has not returned. It is further alleged that on 13.1.2019 at about 2 pm. her in-laws beat her badly and ask her to leave the house otherwise she will be killed.
The submission of the learned counsel for the petitioner is that the after disappearance of her husband the respondent no. 3/informant started living with her parents and wholly on false allegations against the petitioners with malafide intention lodged the present F.I.R. The petitioners have not tortured the respondent no. 3 nor they have made any demand of dowry. Hence, the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 18.12.2019 o.k.