Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2157 of 2019 Petitioner :- Shubham Thakral And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Shukla 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 15.12.2018 in respect of Crime No. 0838 of 2018 for the offence under Sections 323, 498-
A, 506, 325, 342 and 406 of I.P.C, read with Section 3/4 of Dowry Prohibition Act, P.S. Sadar Bazar, District Saharanpur.
As per F.I.R, documents and the pleadings made in the petition, marriage of complainant Smt. Megha was solemnzed with petitioner no.1 Shubham Thakral on 25.08.2018. It appears that the complainant was not satisfied with the status of petitioner no.1, as according to her, petitioner no.1 was not educated, though before marriage it was stated that he is an engineer. By making general allegations the entire family has been implicated. It has also been pleaded that the allegations are baseless and 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