Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30979 of 2018 Petitioner :- Mohit And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Prakash Dubey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 19.10.2018 registered as Case Crime No.0071 of 2018 under Section 498-A, 323, 376, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Muzaffar Nagar.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of her husband petitioner no. 1, including brother-in-law(Jeth)/petitioner No.2, Mother-in-law/petitioner No.3, sister-in-law (jethani)/petitioner No.4 and sister-in- law(Nanad)/petitioner No.5 containing absolutely false and concocted allegations regarding commission of offences by them u/s 498-A, 323, 376, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act. He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.
After having heard the learned counsel for the parties present and perused the impugned F.I.R. as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-
1. The investigation of the aforesaid case shall go on but the petitioner nos. 3 to 5 shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full cooperation during investigation.
2. Qua petitioner nos.1 and 2, this writ petition stands dismissed. However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within two weeks from today and apply for bail, the same shall be considered and disposed of expeditiously by the courts below.
Order Date :- 30.10.2018 Pr/-