Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7186 of 2018 Petitioner :- Premchand And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri A.K.Shukla, learned counsel for the petitioners, Ms. Ibha Sinha, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 9.3.2018 registered as Case Crime No.130 of 2018, under Sections 498A, 420, 120-B, 354, 376, 511, 506 I.P.C. read with Section 3/4 D.P.Act, Police Station Rampur Maniharan, District Saharanpur.
It has been submitted by the petitioners that the marriage between respondent no.3 and son of petitioner no.1, namely, Sandeep Kumar was solemnized on 28.8.2017. He further submitted that the impugned FIR has been lodged by the respondent no.3 against her husband including the petitioners who are his family members containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry 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. He further argued that husband of respondent no.3, namely, Sandeep Kumar has already surrendered before the competent court yesterday, i.e., 22.3.2018. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.3.2018/NS