Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16091 of 2020 Petitioner :- Rais Ahmad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arif Ikbal Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned counsel for the State-respondents.
The petition seeks quashing of the F.I.R. dated 29.8.2020, giving rise to Case Crime No. 344 of 2020, u/s 498A, 323, 504, 506 I.P.C., 3/4 Dowry Prohibition Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S.- Dehli Gate, District- Aligarh.
The submission of the learned counsel for the petitioners is that the petitioner No.2 has already been arrested. It is further submitted that the petitioner No.1 is elder brother of the husband of the victim and is residing separately. In any case, it is the husband, who has divorced the wife vide triple talaq.
Learned A.G.A. has opposed the submissions made by counsel for the petitioners.
However, looking into the circumstances, it is provided that the investigation may go on and should be completed as expeditiously as possible and shall be brought to its logical end. It is also provided that no coercive action shall be taken against the petitioner No.1, namely, Rais Ahmad, till the submission of police report under Section 173(2) Cr.P.C.
Subject to above, the petition stands disposed of.
Order Date :- 5.1.2021 Vandana