Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 24911 of 2018 Petitioner :- Matloob And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the impugned First Information Report dated 30.07.2018, registered as Case Crime No.737 of 2018, under Sections 498-A, 494, 323, 504, 506 I.P.C. and 3/4 of D.P. Act, Police Station Delhi Gate, District Aligarh.
The allegation in the impugned F.I.R which has been lodged by father of the victim is that the victim was married to the petitioner no.1 about six years ago and out of the wedlock three daughters were born. It is alleged that the victim had been continuously harassed by her husband and her in-laws in connection with demand of dowry and she was assaulted also. It is also alleged that the petitioner no.1 has married another woman on 21.07.2018 and has thrown out informant's daughter from her matrimonial home.
As the matter emanated from a matrimonial dispute, vide order dated 10.09.2018, the matter was referred to the Mediation Centre of this Court to explore possibility of a settlement between the parties.
The Mediation Centre has submitted a report dated 12.3.2019 that the petitioner made the requisite deposit and had remained present but the opposite party no.3 failed to appear.
The learned counsel for the petitioners has submitted that the allegations levelled are absolutely false and the entire family of the husband has been implicated and there is no support from any injury report.
No counter affidavit has been filed to the petition.
In view of the above, we deem it appropriate to dispose off the petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but, subject to the petitioners' co-operation in the investigation, they shall not be arrested till submission of police report under Section 173(2) Cr.P.C.
It is made clear that this protection order would be deemed in operative if already a police report has been submitted under Section 173 (2) Cr.P.C.
With the aforesaid observations/directions, the writ petition stands disposed off.
Order Date :- 26.4.2019 m.a.