Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16705 of 2019 Petitioner :- Riyasat Ali And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Shadab Ali, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 10.06.2019 registered as Case Crime No. 0214 of 2019 under sections 498-A, 323, 506, 376, 511 I.P.C. and 3/4 D.P. Act, Police Station Thakurdwara, District Moradabad.
It has been submitted by learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no.3 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 8 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 petitioner nos. 2 to 8 shall not be arrested in the aforesaid case till 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima