Allahabad High Court
Abhishek Dixit & Ors. vs State Of Up Thru. Secy. Home Deptt. ... on 20 July, 2017
Bench: Ramesh Sinha, Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 16105 of 2017
Petitioner :- Abhishek Dixit & Ors.
Respondent :- State Of Up Thru. Secy. Home Deptt. & Ors.
Counsel for Petitioner :- Satyendra Prakash Singh,Satendra Kumar (Singh)
Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri S.P.Singh, 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 impugned FIR dated 28.11.2016 registered as Case Crime No.559 of 2016, under Sections 498A, 323, 504, 506, 342, 354-C, 307, 377, 511 I.P.C. and 3/4 D.P. Act, Police Station Para, District Lucknow.
Learned counsel for the petitioners submits the petitioners have earlier approached this Court challenging the FIR of the present case by means of filing Writ Petition No.1202 (MB) of 2017, which has been disposed of by another Bench of this Court vide order dated 7.3.2017 with an observation that the petitioners would be at liberty to file fresh petition for the same cause of action in case the mediation proceedings fail, copy of the said order is annexed at page-55 of the writ petition, and mediation between the parties have failed, hence, the present petition has been filed by the petitioners.
It has been submitted by the petitioner that the marriage between the petitioner no.1 and respondent no.4 was solemnized on 26.4.2016. He further submitted that the impugned FIR has been lodged by the respondent no..4 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 :- 20.7.2017/NS
