Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15008 of 2019 Petitioner :- Nishant Sinha And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Shanker Pandey 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; Sri D.S. Pandey for the respondent no. 3; and perused the record.
The instant petition has been filed to quash the F.I.R. dated 5.8.2018 registered as case crime No. 651 of 2018 under Sections 498-A, 376, 377, 313 I.P.C. and 3/4 of the Dowry Prohibition Act, Police Station- Bisarakh, District- Gautam Budh Nagar.
The contention of the learned counsel for the petitioner is that admittedly the informant was married to the petitioner no. 1 on 9.7.2006 that is about 13 years ago. Although the allegations are that the informant has been harassed for demand of dowry, but the fact of the matter is that allegations are nothing but false and in so far as allegation of sexual assault is concerned that is against the husband and, therefore, no such offence is made out.
It has been submitted that by levelling general allegation entire family of the husband has been implicated. Reason for false implication is the matrimonial differences between the parties. It has been submitted that although incident dated 2.8.2018 had been narrated in the first information report but there is no medical corroboration to any such incident and impugned F.I.R. has been lodged without annexing any medical report.
Be that as it may, as the allegations disclose commission of cognizable offence, the matter would have to be investigated to find out what type of offence has been committed and, therefore, 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 be 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 :- 29.5.2019 A. Pt. Singh