Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5730 of 2021
Petitioner :- Israt Khan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ekansh Varma Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Ekansh Varma, learned counsel for the petitioners and Smt. Manju Thakur, learned A.G.A. for the State-respondents.
This writ petition has been filed to quash the impugned FIR No. 0119 of 2021, dated 24.06.2021, under Sections 498A, 323, 504, 506, 313 I.P.C. and 3/4 of D.P.Act and 3/4 of Muslim Women (Protection of Rights on Marriage) Act, Police Station Mahila Thana, District Moradabad.
The incident as alleged in the impugned FIR is dated 24.04.2021. The informant-respondent no.3 has mentioned in the impugned FIR that since 24.04.2021 she is residing at her parental house. The impugned FIR was lodged on 24.06.2021 i.e. after about 2 months without any explanation for such an inordinate delay in lodging the first information report.
As per the impugned FIR, the informant-respondent no.3 has married with the petitioner no.1 on 25.09.2020. Except the allegation of the demand of dowry, all the allegations as alleged in the impugned FIR, are only against the petitioner no.1 i.e. the husband.
In paragraph nos. 10,11,12 and 13 of the writ petition, petitioners have stated as under:-
10. That the petitioner nos. 2,3, and 4 are brother-in-laws of the complainant and petitioner nos. 5 and 6 are sister-in-laws and are living separately in a different address and have been falsely implicated due to the reason that they tried to make her understand for the issues she used to fight for.
11. That the complainant left her matrimonial place within three months of her marriage on 28.12.2020 without informing anyone and after efforts by the petitioners she did not return and for the purpose of harassment she implicated the petitioners in a forged impugned FIR dated 24.06.2021.
12. That it is pertinent to mention here that the complainant was firstly married to one Yusuf soin of Ibban r/o Gulab Rai Ka Bagh, Nawabpur, Moradabad and within 4 months she left him with a compromise amount of Rs. 70,000( Seventy Thousand only) and she again married to one Faraz son of Mohd. Hanif whom she have alleged to have been died in the impugned FIR but is still alive and is in jail in pursuance to case under section 302 of I.P.C. in district jail Moradabad and also left him with an agreement/Talaknama.
13. That the complainant is a greedy woman and in order to grab money she married to the petitioner no.1 and when she could not succeed in her motive she implicated all the family members in this forged impugned FIR.
There is no allegation in the impugned FIR that brother-in-law and sister-in-law of the informant-respondent no.3 are residing in one and the same house.
Learned counsel for the petitioners states that petitioner no.1 does not want to press the writ petition and, therefore, it may be dismissed as withdrawn.
Consequently, in so far as petitioner no.1 is concerned, the writ petition is dismissed as withdrawn.
Learned counsel for the petitioners further states that present writ petition is being pressed in respect of petitioner nos. 2 to 6, namely, Akhbar Khan, Najkhat Khan, Arshad Khan, Haseena and Uzma.
Matter requires consideration.
Issue notice to opposite party no.3 returnable at an early date.
Steps be taken by ordinary process as well as by registered post within one weeks.
All the respondents may file Counter affidavit within three weeks. Petitioners shall have two week thereafter to file rejoinder affidavit.
List/put up on 01.10.2021 in the additional cause list before the appropriate bench.
Considering the facts and circumstances of the case in its entirety, since prima facie there is no allegation against the petitioner nos. 2 to 6 in the impugned FIR, therefore, as an interim measure, it is provided that arrest of the petitioner nos. 2 to 6, namely, Akhbar Khan, Najkhat Khan, Arshad Khan, Haseena and Uzma shall remain stayed pursuant to the impugned FIR till the next date fixed.
Order Date :- 29.7.2021 T.S.