Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 14971 of 2019 Petitioner :- Vipin Kumar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Singh Counsel for Respondent :- G.A..
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1, 2 and 3; and perused the record.
The instant petition has been filed to quash the F.I.R. dated 16.5.2019 registered as case crime No. 82 of 2019 under Section 498-A, 376, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kundarki, District- Moradabad.
The contention of the learned counsel for the petitioners is that from the own allegations in the first information report it appears that the victim and the petitioner no. 1 (Vipin Kumar) had been in love and they got married, which was also registered, under the circumstances, the allegations of sexual assault are completely bogus and cannot be accepted. Otherwise also, the allegation of demand of dowry cannot be accepted in the background facts of the case.
Be that as it may, as allegations in respect of demand of dowry etc. have been made, the matter would have to be investigated and, therefore, the prayer to quash the first information report cannot be accepted. As to what offence has been committed would depend upon the material collected during the course of the investigation.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 29.5.2019 A. Pt. Singh