Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5251 of 2018 Petitioner :- Hari Shankar And 16 Ors. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Naresh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri N.K. Singh, learned counsel for the petitioners, Sri R.K. Mishra, learned brief- holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 15.11.2017, registered as Case Crime No.756 of 2017, u/s 420, 498-A, 376, 511, 377, 506, 494, 323, 504, 316 IPC and 3/4 D.P. Act, P.S. Medical College, district Meerut.
Learned counsel for the petitioners submits that the marriage between the son of petitioner no.1 namely Raman Kumar and respondent no.4 was solemnized on 1.3.2017. The petitioners are family members of husband of respondent no.4. The impugned FIR has been lodged by the respondent no.4 roping in the entire family of her husband 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. Hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing 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 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 husband of respondent no.4.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018 Gaurav