Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1332 of 2019 Petitioner :- Pravin Kumar Gangwar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pavan Kumar Kushwaha Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Pavan Kumar Kushwaha, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the respondents.
This writ petition has been filed by the petitioners, seeking quashment of FIR dated 22.12.2018 in respect of Crime No.668 of 2018 for the offence under Sections 498A, 364, of IPC, and 3/4 Dowry Prohibition Act, P.S. Milak, District- Rampur.
Learned counsel for the petitioners submits that petitioner no.1 is the husband of Smt. Renu Gangwar and petitioner no.2 is his father. Marriage of Pravin Kumar Gangwar was solemnized with Smt. Renu Gangwar on 25.4.2018, but from the beginning, Smt. Renu Gangwar was not interested to live with petitioner no.1, as she was having love affairs with co-accused Arvind. It has been pointed out that on 22.9.2018, Smt. Renu Gangwar eloped with Arvind for which, a report was lodged by respondent no.3 on 25.9.2018, vide Annexure-2. He submits that even as on date, Smt. Renu Gangwar is living with co-accused Arvind, but unfortunately, false allegations have been levelled against the petitioners. He further submits that, if the petitioners are arrested, they would suffer an irreparable loss.
On the other hand, learned State counsel opposes the petition.
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 :- 21.1.2019 nethra/RKK/-