Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11627 of 2019 Petitioner :- Suman Devi @ Rajeshri Devi And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Swetashwa Agarwal Counsel for Respondent :- G.A.,Adya Prasad Tewari,N/A,Rishi Kumar,Sameer Shanker,Sheo Shankar Tripathi Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 19.4.2019 registered as Case Crime No. 186 of 2019 at P.S. Mahila Thana, District Prayagraj, U/s 498-A, 323, 313, 504, 506, 406 I.P.C. and 3/4 Dowry Prohibition Act.
At the outset, learned counsel for the petitioners has submitted that the matter was referred to the Mediation Centre for exploring the possibility of a settlement between the parties as the matter had emanated from a matrimonial dispute. It has been submitted that the mediation process was completed but the mediation could not result in an agreement between the parties.
The report of the Mediation Centre dated 15.10.2019 is also on record.
Learned counsel for the petitioners further submitted that the main accused, namely, Avnish Gupta, husband of the victim had filed a separate Criminal Misc. Writ Petition No. 13250 of 2019 which was disposed off by order dated 16.5.2019 wherein protection was provided to the said petitioner till submission of police report under Section 173(2) Cr.P.C.
The order dated 16.5.2019 passed in the petition of co-accused Avnish Gupta is extracted below:-
Heard Sri Swetashwa Agarwal, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 19.4.2019, registered as Case Crime No.186/209, under Sections 498-A/323/313/504/506/406 IPC and 3/4 of the D.P. Act, P.S. Mahila Thana, Prayagraj.
It is submitted by learned counsel for the petitioner that it's an offshoot of a matrimonial dispute, allegations of Section 313 IPC are malafidely motivated, entire family members have been implicated on false and vexatious allegations, it's a case of no injury, FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
In view of the above, this petition is disposed off by providing that investigation of the above case shall continue and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioners shall not be arrested provided that they cooperate in the investigation.
The petition stands disposed off.
Order Date :- 28.11.2019 Saurabh