Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15387 of 2019 Petitioner :- Naushad And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dubey 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 respondent nos. 1 and 2 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 11.5.2019 registered as case crime No. 42 of 2019 under Sections 376, 354, 452, 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District - Bijnor.
The contention of the learned counsel for the petitioner is that the petitioner no. 1 (Naushad) married respondent no. 3 in the year, 2003 and they had children. On account of matrimonial differences, allegations have been levelled against the petitioners, which have no support from any injury report. An allegation of sexual assault has also been made against the husband as well as against the husband's friend without disclosing date and time of such incident.
It has been submitted that respondent no. 3 has implicated the entire family of her husband just to exert pressure to obtain favourble settlement from them.
Be that as it may, as correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 30.5.2019 A. Pt. Singh