Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7195 of 2018 Petitioner :- Rahul And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri A.P.Mishra, 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 7.3.2018 registered as Case Crime No.95 of 2018, under Sections 498A, 323, 307, 506 I.P.C., Police Station Mundali, District Meerut.
It has been submitted by the petitioner that the marriage between the petitioner no.1 and respondent no.3 was solemnized in the year 2009. He further submitted that the impugned FIR has been lodged by the respondent no.3 roping in the entire family of her husband, petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them. He next argued that there appears to be no allegation of demand of dowry and only allegation of cruelty has been levelled. It is a case of no injury. 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