Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1441 of 2019 Petitioner :- Nagendra And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Trivedi,Pradeep Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sanjeev Kumar Trivedi for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 22.9.2018 (registered as Case Crime No. 19 of 2018), u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P.
Act, P.S. Mahila Thana, district Kannauj.
In substance, allegation made in the F.I.R. is that Mamta Devi was married to Nagendra, petitioner-1 on 11.5.2017. At the time of marriage, the parents of informant had given sufficient dowry, but the accused were not satisfied with the dowry and they were demanding one car and Rs. 5 lakhs cash and in relation to the demand of dowry, they used to torture and assault the informant.
Counsel for the petitioners submits that general allegations have been made and entire family members have been falsely implicated in the present case, although there is no demand of dowry or torture in relation to it. It was a normal husband-wife dispute between the first informant and Nagendra.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the petitioners. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage. As such the prayer for quashing the FIR in the aforesaid case is refused.
However, in case Nagendra, petitioner-1 surrenders before the court concerned and applies for bail, then his bail application shall be decided on the same day on which he is taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].
So far as other petitioners, i.e. Ram Narain, Smt. Geeta Devi, Alok, Shaurab, Arti and Varsha (petitioners-2 to 7) are concerned, counsel for the petitioners states that in matrimonial dispute between husband and wife, entire family members have been falsely implicated and petitioners-2 to 7 are entitled to get the benefit of law laid down by Supreme Court in Geeta Mehrotra vs. State of U.P. (2012) 10 SCC 741.
In view of above, it is directed that Ram Narain, Smt. Geeta Devi, Alok, Shaurab, Arti and Varsha (petitioners-2 to 7) shall not be arrested in pursuance of F.I.R. dated 22.9.2018 (registered as Case Crime No. 19 of 2018), u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.
Mahila Thana, district Kannauj, till the submission of police report under section 173(2) Cr.P.C.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 21.1.2019 Jaideep/-