Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10843 of 2018 Petitioner :- Smt. Manju Sisodia And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Faisal Khan, holding brief of Sri S.A.Imam, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.4.2018, registered as Case Crime No.270 of 2018, under Sections 498A, 323, 294, 379, 34, 506 I.P.C., Police Station Kasna, District Gautam Buddh Nagar.
It has been submitted by the petitioners that the petitioners are in-laws of respondent no.3 and have been falsely implicated in the present case. He further submits that the marriage between the respondent no.3 and son of petitioner no.1, namely, Vivek Sisodia was solemnized in the year 2007. The impugned FIR has been lodged by the respondent no.3 roping in the entire family of her husband containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry 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 A.G.A. 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018/NS