Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25732 of 2019 Petitioner :- Piyush Mishra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Munna Prasad Yadav Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 23.11.2019 registered as Case Crime No. 329 of 2019 under sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act police station Siddharth Nagar District Siddharth Nagar with a further prayer not to arrest him in pursuance of the said first information report.
The allegation as per F.I.R is that the marriage of the informant was solemnized with the petitioner no. 1 in February, 2018 but after the marriage the husband of the informant and other in- laws started torturing her on account of demand of more dowry. It is further alleged that the husband of the informant is a doctor and he wants to open a Nursing Home and for this purpose he has demanded Rs.15,00,000/-. It is also alleged that the husband of the informant used to ill treat her and also beat her.
The submission of the learned counsel for the petitioner is that there are general allegations of demand of dowry against all the family members. It is further submitted that the informant does not want to live in her matrimonial house and used to pressurize her husband to live separately at Siddharth Nagar to which the petitioner no. 1 has not agreed and therefore a false F.I.R. has been lodged by the informant. 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 petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, 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, 3 and 4 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. 2,3 and 4.
So far as petitioner no. 1 is concerned, his writ petition is dismissed. However, it is provided that in case he appears or surrenders before the court below within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the courts below expeditiously in accordance with law.
Order Date :- 17.12.2019 o.k.