Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30667 of 2018 Petitioner :- Rehana Khatoon And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indrakesh Kumar Sharma,Sanjay Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 26.06.2018 registered as Case Crime No. 47 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gorakhpur.
Learned counsel for the petitioner submitted that the petitioners are the mother-in-law (saas), father-in-law (sasur) and sisters-in-law (nanad) of the respondent no. 4 living separately from her and her husband, Liyaqat Husain (non-petitioner) who is residing in Mumbai having no concern either with her alleged maltreatment in her matrimonial home or with the alleged demand for dowry, yet they have falsely been implicated by the respondent no. 4 in the present case with the ulterior intention of harassing them. The impugned F.I.R. has been lodged by the respondent no. 4 roping in the entire family of her husband containing absolutely false, concocted, vague and sweeping allegations against the entire family of her husband that they were demanding additional dowry from her and her parents and on account of non fulfillment of the aforesaid demand of dowry, she was maltreated and tortured by them in her matrimonial home. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned FIR qua the petitioners is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.10.2018 SA