Hon'ble Rajeev 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 writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the opposite party not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 21.12.2020 registered as case crime no.0315 of 2020, under Sections 498-A, 313, 323, 506 IPC and Section 3/4 D.P. Act, P.S. Maharajganj, District Raebareli.
It has been submitted by the learned counsel for the petitioners that petitioner no. 1 is the husband of respondent no. 4. Their marriage was solemnized in the year 2018. Thereafter the impugned FIR has been lodged by the 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 at the petitioners' complicity in the commission of the alleged offence. Moreover, the allegation for the offence under section 313 I.P.C. which has been levelled against petitioner no. 1, has been levelled just to give serious colour to the case, hence the impugned FIR is liable to be quashed. 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 qua the petitioner nos. 2 to 6 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 very carefully examined, the submissions made by the learned counsel for the petitioners and perused the material brought on record, we are of the opinion that so far petitioner no. 1 is, there is no justification for quashing the F.I.R. or staying his arrest in the aforesaid said.
The prayer to that extent on behalf of petitioner no. 1, namely, Imran is hereby refused.
Taking into account that petitioner nos. 2 to 6 are family members of petitioner no. 1 and apart from bald allegations there is neither any incredible evidence nor there is any specific allegation against them, prima facie they are entitled for interim relief.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 3.
Issue notice to respondent no. 4.
Each of the respondent is granted four weeks time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within two weeks thereafter.
List after six weeks.
Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C. whichever is earlier, the arrest of the petitioner Nos. 2 to 6, namely, Mohammad Ali, Mobeena, Parveen, Salman and Basees @ Waseeran in case crime no.0315 of 2020, under Sections 498-A, 313, 323, 506 IPC and Section 3/4 D.P. Act, P.S. Maharajganj, District Raebareli shall remain stayed of course subject to the restraint that the petitioner No.2 to 6 shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.1.2021 Amit/-