Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4656 of 2018 Petitioner :- Sita Ram And 3 Ors.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tarun Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri T.K.Tripathi, 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 petition has been filed by the petitioners with a prayer to quash the FIR dated 26.8.2017 registered as Case Crime No.348 of 2017, under Sections 498A, 323, 504 I.P.C. and Section 3/4 D.P.Act, Police Station Kotwali Kalpee, District Jalaun.
Learned counsel for the petitioners submits that the petitioners are in-laws of respondent no.3 and have been falsely implicated in the present case with malafide intention. He further submits that the marriage between respondent no.3 and son of petitioner nos. 1 and 2, namely, Manish was solemnized in the year 2015 and after marriage some dispute arose between them, on account of which the impugned FIR has been lodged by the respondent no.3 against the petitioners including her husband 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, hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Manish (husband of respondent no.3).
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.2.2018/NS