Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7319 of 2018 Petitioner :- Vimal Agrawal @ Raju Agrawal And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendra Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri M.L.Jain, holding brief of Sri S.K.Gupta, learned counsel for the petitioners, Sri Vikas Sahai, 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 petitioners with a prayer to quash the FIR dated 7.2.2018 registered as Case Crime No.52 of 2018, under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Kotwali Shahar, District Mirzapur It has been submitted by the petitioner that the marriage between the son of petitioner nos. 1 and 2, namely, Vivek Agrawal and respondent no.4 was solemnized in the year 2015. He further submitted that the impugned FIR has been lodged by the respondent no.4 roping the entire family of her husband, namely, Vivek Agrawal 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. He further argued that husband of respondent no.3 is living separately from the petitioners who are his family members. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.
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 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 they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Vivek Agrawal (husband of respondent no.4).
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.3.2018/NS