Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5584 of 2019 Petitioner :- Vaibhav Pandey And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tabassum Hashmi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR 29.1.2019 registered as Case Crime No. 0100 of 2019, under Section 498 A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali, Distt. Ghaziabad.
In substance in the FIR the allegation has been made that the informant was married to Vaibhav Pandey, (petitioner-1) on 18.2.2018. At the time of marriage, father of the informant had expended Rs. 20 lakh according to his capacity and given all the goods for domestic use and also given Rs. 2.50 lakhs in cash. But the accused were not satisfied with the dowry and they ousted the informant on 10.3.2018 from their house. They are demanding Rs. 5 lakh in the shape of additional dowry.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the petitioners. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage. As such the prayer for quashing the FIR in the aforesaid case is refused.
However, if Vaibhav Pandey, petitioner-1 (husband) surrenders and applies for bail, then his bail application shall be decided on the same day on which he is taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].
So far as other petitioners Kuldeep Pandey, Smt. Pramod Pandey, Rohan Pandey and Artee Pandey, petitioners- 2 to 5 are concerned, counsel for the petitioners states that in matrimonial dispute between husband and wife entire family members have been falsely implicated and petitioners are entitled to get benefit of law laid down by Supreme Court in Geeta Mehrotra vs. State of U.P. (2012) 10 SCC 741.
In view of above, Kuldeep Pandey, Smt. Pramod Pandey, Rohan Pandey and Artee Pandey, petitioners- 2 to 5 shall not be arrested in FIR 29.1.2019 registered as Case Crime No. 0100 of 2019, under Section 498 A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali, Distt. Ghaziabad, till submission of police report under Section 173 (2) Cr P C.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 28.2.2019 Rahul Dwivedi/-