Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25806 of 2019 Petitioner :- Gaurav Dharwal And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Chaubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 11.08.2019 registered as Case Crime No.340 of 2019, under Section 498-A IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Prayagraj.
The contention of the learned counsel for the petitioners is that although the allegations made in the first information report may disclose commission of cognizable offence but the entire family of the husband of the informant has been implicated by levelling general allegations.
Be that as it may, as the allegations made in the first information report disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that in so far as petitioner no.2 (Mahendra Dharwal); petitioner no.3 (Smt. Madhu Dharwal); petitioner no.4 (Garima Walia); and petitioner no.5 (Gaurav Walia) are concerned, the investigation of the case shall continue and brought to its logical conclusion but they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided they co-operate in the investigation. The petition of petitioner no.1 (Gaurav Dharwal-husband of the victim) stands dismissed without prejudice to his right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 18.12.2019 AKShukla/-