Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37993 of 2018 Petitioner :- Hemant And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandhya Singh,Kapil Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 01.12.2018 registered as case crime no. 1759 of 2018, under sections 498A, 323, 307, 504, 506 I.P.C. and section 3/4 D.P. Act, police station Kotwali Dehat, District Bulandshahar.
It has been submitted by learned counsel for the petitioners that the impugned FIR has been lodged by respondent no. 4 roping in the entire family of her husband, petitioner no. 1 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. 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 the petitioner's complicity in commission of the alleged offence qua petitioner nos. 2 to 4 hence, the impugned FIR is liable to be quashed.
Per contra, learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but petitioner nos. 2, 3 and 4 shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as petitioner no.1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Madhurima