Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24223 of 2019 Petitioner :- Rohit And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Respondent :- G.A.,Ajay Kumar Pathak,Anurag Dubey
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; Sri Anurag Dubey for respondent no.3 and perused the record.
The instant petition seeks quashing of the first information report dated 9th November, 2019 registered as Case Crime No.333 of 2019, under Sections 498-A, 504, 506, 406, 120-B, 342, 377 and 376 IPC and Section 3/4 of Dowry Prohibition Act at Police Station Hathras Junction, District Hathras.
The contention of learned counsel for the petitioners is that the petitioner no.1 had filed suit for restitution of conjugal rights and a complaint was also filed against the respondent no.3 and as a counter blast to those proceedings, by levelling false allegations, general in nature, the entire family of husband has been implicated including father-in-law, sister-in-law and brother-in-law as also mediator of the marriage. It has also been urged that there is no medical corroboration of the allegations and the first information report is highly belated.
Learned counsel for the respondent no.3 submitted that the contention that the first information report was lodged as a counter blast is not acceptable because it has not been proved on record that notice of the proceedings drawn by the petitioner no.1 was served upon the informant.
Be that as it may, considering the nature of the allegations as also the fact that both side have already initiated proceedings against each other to ventilate their grievance, keeping in view that the entire family of husband of the informant has been implicated by levelling general allegations, we deem it appropriate to dispose off the petition by providing that in so far as the petitioner nos.2 (Amarnath), 3 (Rishi Kashyap), 4 (Smt. Shalini) and 5 (Arvind Kumar) are concerned, investigation of the above case shall proceed and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, they shall not be arrested provided they co-operate in the investigation. In so far as the petitioner no.1 (Rohit) is concerned, his petition is dismissed without prejudice to his rights to apply for bail or anticipatory bail, as may be advised.
Order Date :- 28.11.2019. Rks.