Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5155 of 2018 Petitioner :- Manpreet Singh And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri R.K.Mishra, learned counsel for the petitioners, Sri Jitendra Singh, 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 15.11.2017 registered as Case Crime No.967 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Baheri, District Bareilly.
Learned counsel for the petitioners submits that the petitioner no.1 is husband of respondent no.3 as their marriage was solemnized in the year 2016 and respondent no.3 deserted her husband petitioner no.1 and jointed one ashram in which she appears to have some relationship with Baba Gurupal Singh. He further submits that petitioner no.1 filed a suit for restitution of conjugal right under Section 9 of the Hindu Marriage Act which is still pending, on account of which the present FIR has been lodged by respondent no.3 against the petitioner no.1 and his other family members 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. 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.
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 and the law laid down by 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 decided on 27.7.2017, 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 he 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 :- 28.2.2018/NS