Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7362 of 2018 Petitioner :- Smt. Sita Patti And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Vijay Bahadur Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed today in Court, is taken on record.
Heard Sri V.B.Yadav, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 12.1.2018 registered as Case Crdime No.11 of 2018, under Sections 498A, 306 I.P.C. and 3/4 D.P. Act, Police Station Mariyahoon, District Jaunpur.
It has been submitted by the petitioners that the marriage between the petitioner no.3 and deceased, namely, Lalita Devi (sister of respondent no.3) was solemnized in the year 2010 and from their wedlock two children were born. He further submitted that the impugned FIR has been lodged by the respondent no.3 roping in the entire family of his sister's husband, petitioner no.3 containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry. 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.1 & 2, 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. 1 & 2 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.3 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.3.2018/NS