Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 1527 (ALL)

Mohd. Rijwan Raja v. State of U. P.

2016-04-25

BALA KRISHNA NARAYANA, SHASHI KANT

body2016
JUDGMENT Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri S.M.Khalid, Advocate for respondent no.3. 2. This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.03.2016 registered as Case Crime No. 0086 of 2016, under Sections 498-A, 323, 504, 506, 354, 377 IPC and 3/4 Dowry Prohibition Act, Police Station - Bithari Chainpur, District Bareilly. 3. It has been submitted by the learned counsel for the petitioners 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 further been submitted that the allegation regarding commission of the offence under Section 3 77 I.P.C. is against the petitioner no. 1 alone. 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 qua the petitioner nos. 2 to 8 is liable to be quashed. 4. 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. 5. 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 7 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 nos. 1 and 8 are concerned, the petition stand dismissed. However, it is directed that in case the petitioner nos. 1 and 8 appear before the court concerned within 30 days from today and apply for bail, the same shall be considered and disposed of expeditiously by the courts below. With this direction, this petition is finally disposed of.