Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4883 of 2018 Petitioner :- Shivaji Prasad Gupta And 3 Others Respondent :- State Of U.P. Through Secretary (Home) And 2 Others Counsel for Petitioner :- Jawahir Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Jawahir Yadav, learned counsel for the petitioners, Sri Jitendra Singh, 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 with the prayer to quash the F.I.R. dated 3.2.2018, registered as Case Crime No.12 of 2018, u/s 498-A, 323, 504, 506 IPC and 3(1)X of SC/ST Act, and 3/4 D.P. Act, P.S. Mahila Thana Noida, district Gautam Budh Nagar.
Learned counsel for the petitioners submits that the petition on behalf of husband of respondent no.3 Sunil Kumar has been filed in the registry of this Court and likely to come up within a day. The petitioners are in-laws of respondent no.3. The marriage between the son of petitioner no.1 and opposite party no.3 was solemnized in the year 2015. The impugned FIR has been lodged by the respondent no.3 roping in the entire family of her husband 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. Hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 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 husband of respondent no.3 namely Sunil Kumar.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Gaurav