Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10757 of 2018 Petitioner :- Swarn Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manu Khare Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Manu Khare, learned counsel for the petitioners, Sri Sanjay Tripathi, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 16.4.2018, registered as Case Crime No.20 of 2018, u/s 498-A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, P.S. Mahila Thana, district Allahabad.
Learned counsel for the petitioners submits that the marriage between the respondent no.4 and son of petitioner nos.1 and 2 was solemnized in the year 2015. The impugned FIR has been lodged by the respondent no.4 roping in the entire family of her husband 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. The husband of respondent no.4 is employed in Merchant Navy who too has been implicated in the present case. Hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 Gaurav