Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16580 of 2019 Petitioner :- Sachin Chaudhary And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gagan Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Gagan Pratap Singh, learned counsel for the petitioners, Sri G.P.Singh, 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 First Information Report dated 03.12.2018 in Case Crime No. 729 of 2018, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Tundla, District Firozabad.
It has been submitted by the petitioners that the marriage between the petitioner no.1 namely Sachin Chaudhary and the daughter of respondent no. 4 was solemnized in the year 2016. He further submitted that the impugned FIR has been lodged by the respondent no.4 roping the entire family of her daughter's 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 at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 to 4 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. 2 to 4 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. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Lbm/-