Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2390 of 2019 Petitioner :- Shashi @ Narayani And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.P.S.Chauhan, learned counsel for the petitioners, Jai Narain, 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 27.10.2018, registered as case crime No.669 of 2018, under Sections 498-A, 323, 307 I.P.C. and 3/4 D.P. Act, Police Station Khair, District Aligarh.
Learned counsel for the petitioners submits that the marriage between the daughter of respondent no.3, namely, Bhawna and son of petitioner no.1, namely, Hariom alias Chandra Prakash was solemnized in the year 2017. He further submitted that the impugned FIR has been lodged by the respondent no.3 roping the petitioners who are in-laws of his daughter as well as her husband containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry and on account of non fulfilment of the alleged demands of dowry, his daughter was being tortured and maltreated by them in her matrimonial home. It has next been submitted that the petitioners have never demanded anything from the respondent no.3 or his daughter, as such the allegations levelled against the petitioners is absolutely false, frivolous and baseless, hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 Hariom alias Chandra Prakash, husband of daughter of respondent no.3.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019/NS