Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2186 of 2019 Petitioner :- Shailendra Kumar Majhwar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 21.11.2018 in respect of Crime No. 296 of 2018 for the offence under Sections 498A, 323, 504, 506 and 406 of I.P.C, and Section 3/4 of Dowry Prohibition Act, P.S. Rajghat, District Gorakhpur.
As per F.I.R, documents and the pleadings made in the petition, it is apparent that only on the basis of general allegations levelled by respondent no.3, the F.I.R. has been registered. Apparently, there is no serious allegation against the petitioners and the entire family has been roped in. It also appears that complainant was not keen to live in a joint family. It has also been pleaded that if the petitioners are arrested, chances of amicable settlement would be remote.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 28.1.2019 A. Tripathi/SK