Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4789 of 2019 Petitioner :- Navneet Kumar And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Trivedi,Prabhakar Chandel Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 17.12.2019 in Case Crime No. 1394 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kalyanpur, District Kanpur Nagar.
It is submitted by learned counsel for the petitioners that it's a case of matrimonial dispute with no injury, in which the entire family members have been implicated on mischievious / vexatious allegations, no offence is made out, the impugned FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 21.2.2019 V.S.Singh