Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37776 of 2018 Petitioner :- Somveer And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Pathak Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 2.11.2018 registered as Case Crime No.333 of 2018, under Sections 498-A,323,377,504,506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Ghaziabad.
It is submitted by the learned counsel for the petitioners that the present FIR has been lodged by the respondent no.3 against her husband-petitioner no.1 and his family members in respect of ill-treatment meted to her on account of non-fulfillment of demand of dowry. The petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that the petitioner nos.3, 4 & 5, namely, Smt. Saroj, Kabita and Meena shall be released on interim bail till the final disposal of the regular bail application.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 21.12.2018 M. Tariq