Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10795 of 2018 Petitioner :- Sukh Veer Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Gautam,Vimlesh Gautam Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Gautam, learned counsel for the petitioner, Sri Sanjay Tripathi, 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 petitioner with a prayer to quash the FIR dated 16.4.2018, registered as Case Crime No.142 of 2018, under Sections 498A, 323, 504, 506, 342, 376 I.P.C. and Section 3/4 D.P. Act, Police Station Gonda, District Aligarh.
Learned counsel for the petitioner submits that the petitioner is Devar of respondent no.4 and has been falsely implicated in the present case. He further submits that the marriage between respondent no.4 and co-accused Ved Prakash was solemnized in the year 2014 and after marriage some dispute arose between the parties, on account of which the impugned FIR has been lodged by the respondent no.4 against her husband Ved Prakash and his entire family members 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 she was being tortured and maltreated by them in her matrimonial home. He next argued that other family members have already challenged the impugned FIR by means of filing Crl. Misc. Writ Petition No.10633 of 2018 in which their arrest has been stayed by Coordinate Bench of this Court yesterday, i.e., on 26.4.2018, hence arrest of the petitioner may also be stayed by this Court. He next argued that the marriage of petitioner is to be solemnized on 29.4.2018, the said fact has been mentioned in paragraph no.14 of the writ petition, hence, some indulgence may be granted by this Court.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Let a copy of this order be given to the learned counsel for the petitioner today on payment of usual charges.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018/NS