Brijesh Kumar Kashyap And Ors. vs State Of U.P. Thru. Secy. Home And ...
2017 Latest Caselaw 2422 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15512 of 2017
 
Petitioner :- Brijesh Kumar Kashyap And Ors.
 
Respondent :- State Of U.P. Thru. Secy. Home And Ors.
 
Counsel for Petitioner :- Shravan Kumar Tiwari
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri S.K.Tiwari, learned counsel for the petitioners, Sri G.D.Bhatt, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 4.5.2017 registered as Case Crime No.640 of 2017, under Sections 323, 356, 498A, 505  I.P.C. and 3/4 D.P. Act, Police Station Kotwali Nagar, District Bahraich.

It has been submitted by the petitioner that the marriage between the petitioner no.1 and respondent no.3 was solemnized in the year 2015. He further submitted that the impugned FIR has been lodged by the respondent no.3 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 for the State 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.

(Mrs. Rekha Dikshit,J.)      (Ramesh Sinha, J.)

Order Date :- 17.7.2017/NS