Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7459 of 2018 Petitioner :- Kaptan Singh And 4 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Onkar Nath Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Onkar Nath, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 6.7.2017 registered as Case Crime No.84 of 2017, under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Sunnagadhi, District Kannauj.
It has been submitted by the petitioner that the marriage between the sister of respondent no.4, namely, Sarvesh Kumari and co-accused Khushiram was solemnized six years ago. He further submitted that the impugned FIR has been lodged by the respondent no.4 against the husband of his sister, namely, Khushiram including the petitioners who are his family members, relatives and friend respectively containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry and on account of non fulfilment of the alleged demands of dowry his sister 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, hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Khushiram.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 28.3.2018/NS