Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33727 of 2018 Petitioner :- Ishtiyak And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 2.10.2018 registered as Case Crime No. 274 of 2018, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S.- Kantha, District- Moradabad.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of her husband Ishtiyak including her father-in-law, mother-in-law, sisters-in-law (jethani) and brothers-in-law (jeth) alleging commission of offence torture and demand of dowry. He further submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.
After having heard the learned counsel for the parties present and perused the impugned F.I.R. as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-
1. The investigation of the aforesaid case shall go on but the petitioner nos. 2, 3, 4 and 5 shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full cooperation during investigation.
2. Qua petitioner no. 1, Ishtiyak this writ petition stands dismissed. However, considering the nature of the allegations, it is directed that in case the petitioners appear before the court concerned within three weeks from today and apply for bail, the same shall be considered and disposed of expeditiously by the courts below.
Order Date :- 26.11.2018
AK Pandey