Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4552 of 2018 Petitioner :- Prem Kumari And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Brijendra Deo Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri B.D. Mishra, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 8.2.2018, in case crime no.68 of 2018, u/s 498-A, 323, 504, 506, 377 IPC and 3/4 D.P. Act, P.S.Kotwali, district Pilibhit.
It has been submitted by the learned counsel for the petitioners that the marriage between the petitioner no.5 and respondent no.4 was solemnized in April, 2017. The impugned FIR has been lodged by the informant roping in the entire family of her husband, petitioner no.5 containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. It has next been submitted that a false complaint was made by respondent no.4 to the S.P. Pilibhit on 27.12.2017 for demand of dowry by the petitioners on which inquiry was made by the police and allegations were found to be false. Thereafter present FIR has been lodged against the petitioners for the same offence.
Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.1 to 4 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no.5 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.2.2018 Gaurav