Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3077 of 2021 Petitioner :- Mani Chandra Prajapti And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Dhrubvanshi Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 3.3.2021 registered as Crime no. 55 of 2021, under Sections 323, 498A I.P.C. and Section 3/4 Dowy Prohibition Act, P.S. Kotwali Kalpi, District- Jalaun. Further prayer is that a direction be issued to respondent nos. 2 and 3 not to arrest the petitioners pursuant to the FIR dated 3.3.2021.
The petitioners are three in numbers, who are father-in-law, mother-in-law and brother-in-law of respondent no. 4 who has alleged commission of offence under Sections 498A, 323 I.P.C. and she has also made allegation against the petitioners for demand of dowry and in this regard the first information report was lodged in police station- Kotwali Kalpi, district-Jalaun on 3.3.2021.
Learned counsel for the petitioners has submitted that pursuant to the first information report the petitioners have filed affidavits before the authority concerned that there is no truth in the FIR lodged by the respondent No. 4. Learned counsel for the petitioners has relied upon the decision of the Hon'ble Apex Court in the case of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741. Learned counsel for the petitioners has further relied upon the decision of the Apex Court in the Case of Rajesh Sharma and others vs. State of U.P. and another in Criminal Appeal no. 1265 of 2017, arising out of Special Leave Petition (Criminal) no. 2013 of 2017.
We do not feel that it is a simple FIR and it should be mechanically quashed. However, the police shall look into the averments made in this writ petition and try to resolve the issue between the parties, who are having matrimonial dispute and follow the principles laid down in the case of Geeta Mehrotra (supra) and Rajesh Sharma (supra). The decision relied on will not permit us to quash the FIR at this stage. The police of course will adhere to provisions of Section 41-A Cr.P.C. before arrest.
The writ petition is devoid of merits and is accordingly dismissed.
Order Date :- 11.5.2021 Faridul