Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1959 of 2019 Petitioner :- Raj Kumar Viral And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shakil Ahmad Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 18.10.2018 in respect of Crime No. 961 of 2018 for the offence under Sections 498A, 323, 324, 313, 506 of I.P.C, and Section 3/4 of Dowry Prohibition Act, P.S. Kotwali City, District Bijnor.
As per F.I.R, documents and the pleadings made in the petition, marriage of complainant, respondent no.3 Smt. Pallau Chaudhary was solemnized with petitioner no.1 Raj Kumar Viral on 13.12.2017 but unfortunately the couple could not adjust. It has been pleaded in the petition that the complainant was compelling her husband to live separately in her parental house and when petitioner no.1 has refused to fulfil her demand, totally a false report has been lodged. It has been pleaded that only general allegations have been made against the petitioners. It has also been pleaded that the allegations are baseless and if the petitioners are arrested, chances of amicable settlement would be remote.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.1.2019 A. Tripathi/SK