Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24290 of 2019 Petitioner :- Kusum Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avanish Pratap Singh,Udai Bhan Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 26.8.2019 registered as Case Crime No.72 of 2019, under Sections 498-A,376,506 IPC, P.S. Mahila Thana, District Saharanpur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.3 against the petitioners and their son Rohit with the allegations that the applicants had refused to marry their son with her and they had also demanded of Rs.4 lacs. The entire allegations are absolutely false and vague. The son of the petitioners has been pressurised to perform marriage by the respondent no.3. The respondent no.3 is a mother of a child from her earlier husband who had divorced her. He further submitted that 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 the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 28.11.2019 M. Tariq