Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1779 of 2019 Petitioner :- Km. Priyanka And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dr. Arun Srivastav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Ms. Toshia Singh assisted by Dr. Arun Srivastava, learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.01 of 2019, under Sections 498-A, 323, 313, 377, 504, 506, 376 and 511 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Mahila Thana, District Rampur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; controversy involved in issue is matrimonial in nature; entire family members have been implicated on the basis of general allegation; contention is that there is a matrimonial dispute between the husband and wife; the petitioner no.5 is the husband of the respondent no.3; further contention is that it was only after the husband has filed the suit for divorce by way of counter blast the present first information report has been lodged against the petitioners; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present and also keeping in view the law as laid down by the Apex Court in the case of B. S. Joshi v. State of Haryana; 2003 (4) SCC 675, and Rajesh Sharma and Others v. State of U.P. And others (SLP (Crl.) No. 2013 of 2017 decided on 27.7.2017), we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation, expeditiously preferably within three months from the date of production of certified copy of the order.
Order Date :- 22.1.2019 R./