Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7370 of 2018 Petitioner :- Smt. Kuraish And 3 Ors. Respondent :- State Of U.P. And3 Ors. Counsel for Petitioner :- Devesh Vikram Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Devesh Vikram, learned counsel for the petitioners, Sri Ashish Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 20.11.2017, registered as Case Crime No.1871 of 2017, u/s 498-A, 323, 504, 376, 377 IPC and 3/4 D.P. Act, P.S. Qwarsi, district Aligarh.
Learned counsel for the petitioners submits that petitioner are in-laws of respondent no.4. The marriage between the son of petitioner no.1 and opposite party no.4 was solemnized in the year 2010. The petition of husband of respondent no.4 has been dismissed today in Criminal Misc. Writ Petition No.7353 of 2018. The impugned FIR has been lodged by the respondent no.4 roping in the entire family of her husband 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. Hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing 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 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 :- 27.3.2018 Gaurav