Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25739 of 2019 Petitioner :- Naz Miyan And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 14.11.2019 registered as Case Crime No. 0324 of 2019, under Sections 498A, 323, 377, 504, 354, 376, 511, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Bhamoura, District Bareilly with a further prayer not to arrest them in pursuance of the said first information report.
The allegations in the FIR are that the informant was married with Naz Miyan on 07.07.2018 according to muslim rituals. After marriage her husband and in-laws started torturing her on account of demand of dowry. It is further alleged that the husband of the informant used to beat her in a drunken condition and used to commit unnatural sex with her. It is further alleged that on 10.10.2019 at around 8 PM, Fisar Ahmad (Jeth) and Irfan Ahmad (Nandoi) entered into the room of the informant and misbehaved with her and when she raised alarm, her in-law came and threatened her to keep quiet.
The submission of the learned counsel for the petitioner is that the informant was not happy in her matrimonial house and went with her brother to her parental house and is residing there. It is also submitted that wholly false allegations have been made in the FIR implicating the entire family members of her husband. It is also submitted that the allegations made in the FIR cannot be believed and FIR has been lodged only to harass the petitioners. Hence, the impugned F.I.R. is liable 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 petitioner will have sufficient opportunity to rebut the allegations. It is also submitted that specific allegations have been made against husband and petitioner no.3 and 7 against whom there is allegation of committing rape upon the informant.Therefore, no ground is made out for interference so far as petitioner no.1, 3 and 7 are concerned.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners no. 2, 4, 5 and 6 shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of in respect of petitioners no. 2, 4, 5 and 6.
So far as petitioners no.1, 3 and 7 are concerned, their writ petition is dismissed and it is provided that if they appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 18.12.2019 Kirti