Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16595 of 2019 Petitioner :- Shobha Saxena And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dr. Arun Srivastav Counsel for Respondent :- G.A.,Devashish Mitra
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Dr. Arun Srivastav, learned counsel for the petitioners, Sri S.S. Sachan, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 28.02.2019 registered as Case Crime No. 34 of 2019, under Sections 498A, 323, 313 and 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District- Bareilly.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 roping in the entire family of her husband, petitioner no. 2 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 further submitted that the medical examination of the victim has done and no case under Section 313 I.P.C. is made out it is false one and has deliberately added just to harass the petitioners. 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 no.1 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 no.1 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. 2 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
Order Date :- 14.6.2019/Shubhankar (Vivek Varma,J.) (Ramesh Sinha, J.)