Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4764 of 2018 Petitioner :- Ramautar Agarwal And Another Respondent :- State Of U.P. Through Secretary Of Home Secretariat Lucknow And 2 Others Counsel for Petitioner :- Satendra Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Krishna Pratap Singh,J.
Sri Ashutosh Sharma, Advocate, has filed his Vakalatnama on behalf of respondent no.3 today in Court, which is taken on record.
Heard Sri Satendra Kumar, learned counsel for the petitioners, Sri Ashutosh Sharma, learned counsel for respondent no.3, Sri I.P.Srivastava, 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 17.2.2018 registered as Case Crime No.41 of 2018, under Sections 323, 504, 506, 498A, 313 I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Moradabad.
Learned counsel for the petitioners submits that the petitioners are father- in-law and mother-in-law of respondent no.3 as the marriage between the respondent no.3 and son of petitioner no.1, namely, Rajat Agarwal, was solemnized in the year 2016. He further submitted that the impugned FIR has been lodged by the respondent no.3 roping the petitioners including her husband containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her 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. 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 counsel for respondent no.3 as well as 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 :- 26.2.2018/NS