Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24294 of 2019 Petitioner :- Wakeel Ahamad And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Jaiswal,Amit Daga Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners, the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioners invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 24.10.2019 bearing Case Crime No. 929 of 2019, under Sections 498-A, 392, 376-D, 354, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Muradnagar, district Ghaziabad.
It has been submitted by the learned counsel for the petitioners that the respondent no. 4 who is the wife of the petitioner no.1 has lodged the first information report with frivolous allegation that she was ill treated by her in laws on account of non full fulfilment of demand of dowry. It is further submitted by the learned counsel for the petitioners that the entire prosecution story is the outcome of personal grudge of the respondent no.
4 who is an obstinate and short tampered lady. There is nothing on record to substantiate the allegation made against the petitioners rather it reflects the manoeuvring on the part of the respondent no. 4. Therefore, the first information report so lodged by the respondent no. 4 is liable to be quashed.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioners. The respondent no.4 has narrated her agony and pain in natural manner. The conduct of the petitioners are highly scornful. The innocence of the petitioners cannot be adjudged at this stage, hence they do not deserve any indulgence.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners therefore, we do not find any cogent or convincing reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioner nos. 2, 3 and 4, namely, Smt. Zaitun @ Kaushr @ Khatoon, Smt. Warisa and Sahrukh shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioner nos. 2, 3 and 4 shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
However, so far as the petitioner nos. 1 and 5, namely, Wakeel Ahmad and Zabir are concerned, they are directed to surrender and appear before the court below within 30 days from today and in case they apply for bail, the same shall be heard and disposed of expeditiously in accordance with law.
With the above direction, this petition is finally disposed of.
Order Date :- 28.11.2019 Shahnawaz