Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5245 of 2018 Petitioner :- Hemant Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri M.K. Tiwari, learned counsel for the petitioner, Sri Jitendra Singh, learned A.G.A. 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 23.12.2017, registered as Case Crime No.450 of 2016, u/s 498-A, 323, 504, 506, 313 IPC P.S. Mahila Thana, district Ghaziabad.
Learned counsel for the petitioner submits that petitioner is the husband of respondent no.4. The marriage between the two was solemnized in the year 2008. The impugned FIR has been lodged by the respondent no.4 roping 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 and the law laid down by the Apex Court in the case of Rajesh Sharma vs. The State of U.P. in Crl. Appeal No. 1265 og 2017 decided on 27.7.2017, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 28.2.2018 Gaurav