Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34338 of 2018 Petitioner :- Saba Zaidi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Vivek Singh, learned counsel for petitioners and A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 03.11.2018 registered as Case Crime No. 0728 of 2018, under Sections 380, 504 & 506 I.P.C., Police Station - Civil Lines, District- Aligarh.
A perusal of F.I.R. shows that informant Sameer Raza married to Saba Zaidi on 20.09.2016 in Delhi. At the time of marriage, informant Sameer Raza and Saba Zaidi were divorcee. After marriage the behaviour of Saba Zaidi was changed and she began to disregard him. She had clearly stated that the marriage was done by her only to financially support her family. On 15.01.2018 she came to her-in-law and taken away some cash and ornaments. Thereafter again on 20.07.2018 when she was called for conversation in that respect she has given threat to life. The F.I.R. was lodged on 03.11.2018.
Counsel for the petitioners submits that the petitioner moved an application for lodging F.I.R. before women cell under Section 498A and Section 3/4 Dowry Prohibition Act on 07.05.2018 when inquiry was being conducted in that application then present F.I.R. has been mala fide filed. Although the incident is alleged to have been taken place on 15.01.2018 but the F.I.R. has been lodged on 03.11.2018. In this regard, there is no explanation of inordinate delay.
As such the writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 0728 of 2018, under Sections 380, 504 & 506 I.P.C., Police Station - Civil Lines, District- Aligarh till the submission of report by Investigating Officer under Section 173 (2) Cr.P.C.
Order Date :- 29.11.2018 Sharad/-