Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16066 of 2019 Petitioner :- Shashank Urf Girish And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Pathak,Arvind Kumar Tewari Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Sanjay Pathak, learned counsel for the petitioners, Sri Vimal Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 22.5.2019 registered as case crime no. 0427 of 2019 under sections 498A, 323, 313, 504 I.P.C. and 3/4 D.P. Act, police station Vrindavan, District Mathura.
Learned counsel for the petitioners submits that the main role has been assigned to the accused applicant no. 1, who is husband. False allegation of demand of dowry has been made and the entire family of the accused have been implicated, who are mother-in-law, father-in-law, brother-in-law and sister-in-law. 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 5 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.
It appears that general allegations have been levelled against the accused petitioner nos. 2 to 5, therefore it is deemed proper that the matter requires consideration as against the accused petitioner nos. 2 to 5 in terms of law laid down in judgment of Supreme Court rendered in the case of Geeta Mehrotra and others vs. State of U.P. 2012 (10 SCC 741 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 5 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 stands dismissed.
With this direction, this petition is finally disposed of.
(Pradeep Kumar Srivastava, J) (Dinesh Kumar Singh-I, J.) Order Date :- 10.6.2019/AU