Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17437 of 2019 Petitioner :- Smt. Pushpa Verma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bijai Prakash Tiwari Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 05.02.2019, registered as Case Crime No.0095 of 2019, under Sections 498-A, 323, 504, 506 & 377 of IPC and 3/4 D.P. Act at Police Station-Barra, District Kanpur Nagar.
It is submitted by the learned counsel for the petitioners that the respondent no.4 has lodged the impugned first information report with absolutely vague and concocted allegations in respect of ill-treatment meted to her on account of non- fulfillment of demand of dowry. It is further submitted that the entire family members of the petitioner no.1 have been roped in the present case only in order to cause sheer harassment. 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 petitioner nos.1, 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.
It is further provided that if the petitioner no.5 appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
With the above direction, this petition is finally disposed of.
Order Date :- 25.6.2019 SK