Chandrika Prasad @ Shekhar & Ors. vs State Of U.P. Thru. Secy. Home ...
2017 Latest Caselaw 2488 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 15728 of 2017
 

 
Petitioner :- Chandrika Prasad @ Shekhar & Ors.
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt., U.P. Govt. & Ors.
 
Counsel for Petitioner :- Sunil Kumar,Surendra Mani Ojha
 
Counsel for Respondent :- Govt. Advocate,Baljeet Singh
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri Sunil Kumar, learned counsel for the petitioners, Sri Baljeet Singh,learned counsel for the caveator-respondent no.4, Sri R.K.Dwivedi, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioners with a prayer to quash the FIR dated 5.6.2017 registered as Case Crime No.342 of 2017, under Sections 498A, 323, 354, 376, 511 I.P.C. and 3/4 D.P. Act, Police Station P.G.I., District Lucknow.

It has been submitted by the petitioner that the petitioners are the the in-laws of opp. party no.4 and have been falsely implicated in the present case. He further submits that the  marriage between the co-accused Devi Prasad alias Sanju Kannaujiya was solemnized in the year 2013. He further argued that the impugned FIR has been lodged by the respondent no.4 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. 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,hence the impugned FIR is liable to be quashed.

Learned A.G.A. and learned counsel for the respondent no.4 vehemently opposed the prayer for quashing of the FIR,, 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, 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 they shall co-operate with the investigation of the case.

With the above direction, this petition is finally disposed of.

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

Order Date :- 18.7.2017/NS