This court disposed of a writ petition seeking quashing of an FIR involving dowry allegations under Section 498-A IPC. The court stayed arrest of petitioners 2 to 5 pending the police report but dismissed the prayer regarding the wife.
Arrest of petitioners 2 to 5 stayed pending police report; petition regarding the wife dismissed.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4435 of 2018
Petitioner :- Sanjay And 4 Others Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Hari Prakash Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri H.P. Mishra, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 28.1.2018, in case crime no.07 of 2018, u/s 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S.Mahila Thana, district Firozabad.
It has been submitted by the learned counsel for the petitioners that the marriage between the petitioner no.1 and respondent no.4 was solemnized in the year 2010. The impugned FIR has been lodged by the informant roping in the entire family of her husband, petitioner no.1 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. 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 qua the petitioner nos. 2 to 5 hence the impugned FIR is liable to be quashed.
Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.2 to 5 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 22.2.2018 Gaurav
3 issues framed by the court
Whether the applications for arrest of petitioners 2 to 5 can be stayed pending police report in a dowry case where no ex-facie evidence compels conviction.
Whether the writ petition challenging the FIR against the principal petitioner (wife) can succeed.
Whether a writ jurisdiction order can impose conditions restricting arrest of accused in a non-bailable offence pending investigation.
1 provisions across 1 enactments
Sanjay And 4 Others
State Of U.P. And 3 Ors.
Krishna Pratap Singh
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
