Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7470 of 2018 Petitioner :- Gaurav Kumar And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Arvind Kumar, learned counsel for the petitioners, Sri Jitendra Singh, 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 10.1.2018 registered as Case Crime No.24 of 2018, under Sections 498-A, 452, 323, 504, 506 I.P.C., Police Station Nauhjheel, District Mathura.
It has been submitted by the petitioner that the marriage between the petitioner no.1 and respondent no. 3 was solemnized five years ago. After marriage some dispute arose between the parties and petitioner no.1 filed a suit under Section 9 of the Hindu Marriage Act and thereafter the impugned FIR has been lodged by the respondent no.3 roping the entire family of her husband, petitioner no.1 containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry 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 and the law laid down by the Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another in Criminal Appeal No.1265 of 2017 decided on 27.7.2017, 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.3.2018/NS