Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7851 of 2018 Petitioner :- Vivek Bansal And 06 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Kumar Dhananjay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Kumar Dhananjay, learned counsel for the petitioners, Sri Jitendra Singh, 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 13.3.2018, registered as Case Crime No.100 of 2018, u/s 498-A, 323, 504, 506 IPC, P.S. Mahila Thana, district Ghaziabad.
Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and respondent no.3 was solemnized in the year 2013. He further submits that it is a case of no injury, the said fact is mentioned in para no.16 of the present petition. The impugned FIR has been lodged by the respondent no.3 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. 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 and the law laid down by the Apex Court in the case of Rajesh Sharma vs. The State of U.P. in Crl. Appeal No. 1265 og 2017 decided on 27.7.2017, 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.3.2018 Gaurav