Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7865 of 2018 Petitioner :- Smt. Kusum And 3 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Santosh Kumar Pandey Counsel for Respondent :- G.A.,Ganesh Shanker Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.K. Pandey, learned counsel for the petitioners, Sri G.S. Srivastava, learned counsel for the respondent no.4 and Sri Jitendra Singh, learned A.G.A. for the State and perused the record.
This petition has been filed with the prayer to quash the F.I.R. dated 12.3.2018, registered as Case Crime No.94 of 2018, u/s 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Gopiganj, district Sant Ravidas Nagar (Bhadohi).
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 2012. 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. as well as learned counsel for the respondent no.4 opposed the prayer for quashing and submitted that the victim-wife sustained injury for which injury report has been produced by him which is taken on record to which learned counsel for the petitioners states that the said injury is simple in nature.
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 :- 30.3.2018 Gaurav