Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 21796 of 2018 Petitioner :- Neeraj Saini And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 25.4.2018, registered as Case Crime No. 0265 of 2018, under Sections 498-A, 323, 506 IPC and Section 3/4 of D. P. Act, 1961 at P.S. Ghatampur, District Kanpur Nagar.
Allegation in the FIR, which has been lodged not only against the husband but entire family including collaterals, alleges that the victim has been harassed in connection with demand for Motorcycle and Rs. 1 Lakh as dowry, and has been threatened that if the demand is not met, the accused shall pour kerosene on her and burn her and marry her husband to another girl.
By order dated 10.8.2018, the matter was referred to the Mediation Centre of this court to explore possibility of settlement between the parties with the aid of mediators. The Mediation Centre has submitted its report dated 10.1.2019 that the mediation was completed but no agreement could be arrived at between the parties.
In view of above, we have examined the matter on merits.
Learned counsel for the petitioners has submitted that it is a case where no injury has been caused to the informant; that a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act has been filed against the informant; and that the entire family of the husband has been implicated by levelling general allegations, which are false.
As the matter is still under investigation and the allegations made in the FIR disclose commission of cognizable offence, the prayer of the petitioner to quash the FIR is not acceptable. Other wise also the culpability of the accused would come to light on the basis of the material collected during the course of investigation. However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this writ petition by providing that the investigation of the aforesaid case shall continue and be brought to its logical conclusion, but, subject to co- operation of the petitioners in the investigation, they shall not be arrested in the above noted case till submission of police report under Section 173 (2) Cr.P.C.
The writ petition stands disposed off.
Order Date :- 26.2.2019 RavindraKSingh