Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2437 of 2019 Petitioner :- Ruchin Tayal And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Ji Mishra, learned counsel for the petitioners, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 05.12.2018 in case crime no. 163 of 2018 under sections 498A, 323, 506, 376, 511 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Meerut.
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 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 petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Madhurima