Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1970 of 2019 Petitioner :- Pallav Kapoor And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 11.12.2018 in respect of Crime No. 1021 of 2018 for the offence under Sections 498A, 377, 323, 342, 313 and 506 of I.P.C, and Section 3/4 of Dowry Prohibition Act, P.S. Kotwali, District Bareilly.
As per F.I.R, documents and the pleadings made in the petition, marriage of complainant, respondent no.3 Isha Kalra was solemnized with petitioner no.1 Pallav Kapoor on 12.12.2017 but the complainant could not adjust in the joint family and left her matrimonial house. It has been pleaded that on the basis of general allegations that too of imaginary in nature, the entire family including mother-in-law, jethani and jeth have been falsely implicated. It has also been pleaded that the allegations are baseless and if the petitioners are arrested, chances of amicable settlement would be remote.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.1.2019 A. Tripathi/SK