Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23227 of 2018 Petitioner :- Urmila Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Learned counsel for the petitioners is permitted to correct the description of the petitioners in the array of the parties.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 23.06.2018 registered as Case Crime No. 38 of 2018, under Sections 498A, 323, 504, 506, 377 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Kanpur Nagar.
Learned counsel for the petitioners submitted that the petitioner no. 1 is the mother-in-law (saas), petitioner nos. 2 and 5 are the brothers-in-law (jeth and nandoi) and petitioner nos. 3 and 4 are the sisters-in-law (jethani and nanad) of the respondent no. 3, Smt. Seema Singh. The impugned F.I.R. has been lodged by the respondent no. 3 who is the wife of Manmohan Singh (non-petitioner) containing absolutely false, concocted, vague and sweeping allegations against the entire family of her husband that they were demanding a Wagon R Car as additional dowry from her and her parents and on account of non fulfillment of the aforesaid demand of dowry, she was maltreated and tortured by them in her matrimonial home. He next submitted that the allegation regarding commission of offence under Section 377 I.P.C. is confined to Manmohan Singh (non- petitioner), husband of the respondent no. 3. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 SA