Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7957 of 2018 Petitioner :- Kuldeep Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lakshman Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Lakshman Singh, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 23.7.2017 registered as Case Crime No.284 of 2017, under Sections 498A, 504, 323, 506, 377 I.P.C. and 3/4 D.P. Act, Police Station Gajner, District Rama Bai Nagar.
Learned counsel for the petitioners at the very outset has pointed out that the petitioner no.1 who is husband of respondent no.3 has already been arrested, hence, petition with respect to petitioner no.1 has become infructuous.
Accordingly, the present writ petition with respect to petitioner no.1 is dismissed as infructuous.
So far as petitioners no.2 to 5 are concerned, it has been contended by learned counsel for the petitioners that they are family members of petitioner no.1 as the marriage between the petitioner no.1 and respondent no.3 was solemnized in the year 2009. He further submitted that the impugned FIR has been lodged by the respondent no.3 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, hence the impugned FIR is liable to be quashed.
Learned AGA 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 30.3.2018/NS