Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5301 of 2019 Petitioner :- Naseem And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 12.12.2018 registered as Case Crime No.2815 of 2018, under Sections 302,498-A,323,307 IPC and Section 3/4 Dowry Prohibition Act, P.S. Loni, District Ghaziabad.
It is submitted by the learned counsel for the petitioners that the marriage of the sister of the respondent no.3 was solemnized with the son of the petitioner no.2 and brother of petitioner no.1 seven years ago. The petitioners have nothing to do with the alleged offence. They had never pressurised the victim for fetching additional dowry. The sister of the respondent no.3 has died in mysterious circumstances, yet the petitioners have been roped in the case falsely so as to built pressure upon them.Hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, the petitioners are directed to appear or surrender before the Court concerned and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below in accordance with law.
Order Date :- 26.2.2019 M. Tariq