Ashok Kashyap And Ors. vs State Of U.P. Thru. Secy. Home And ...
2017 Latest Caselaw 2487 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15755 of 2017
 
Petitioner :- Ashok Kashyap And Ors.
 
Respondent :- State Of U.P. Thru. Secy. Home And Ors.
 
Counsel for Petitioner :- Sunil Kumar,Arvind Kumar Yadav,Surendra Mahi Ojha
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.7 of the writ petition, as in the said paragraph petitioner no.5 has been mentioned as Nandoi of daughter of respondent no.4 whereas he is Jeth of daughter of respondent no.4.

Heard Sri Sunil Kumar, learned counsel for the petitioners, Sri Umesh Kumar Tiwari, learned Brief Holder 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 11.1.2017 registered as Case Crime No.39 of 2017, under Sections  498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Hazratganj, District Lucknow.

It has been submitted by the petitioner that the marriage between the petitioner no.1 and daughter of respondent no.4 was solemnized in the year 2011. He further submitted that the impugned FIR has been lodged by the respondent no.4 roping in the entire family of her daughter's husband, i.e., petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them for demand of dowry and on account of non fulfilment of the alleged demands of dowry, her daughter 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 :- 18.7.2017/NS