Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 28963 of 2017 Petitioner :- Ravi Shanker And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Ram Bahadur, holding brief of Sri Madan Singh, learned counsel for the petitioners and learned A.G.A. for the State.
Learned counsel for the petitioner states that matter was referred to mediation centre vide order dated 22.12.2017, but he could not comply with the order dated 22.12.2017 by which they were required to deposit Rs.30,000/- towards the Mediation and Conciliation Centre for the mediation process, hence mediation has failed.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 08.07.2017 registered as case crime no. 385 of 2017 under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Bilari, District Moradabad.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 4 roping in the entire family of her husband, petitioner no.1 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 qua the petitioner nos. 2 to 9 hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.2 to 9 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 23.3.2018 Pr/-