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Allahabad High Court · body

2016 DIGILAW 2198 (ALL)

Zahid v. State of U. P.

2016-06-15

AMAR SINGH CHAUHAN, V.K.SHUKLA

body2016
JUDGMENT Zahid and six others are before this Court with a request to quash the FIR dated 13.5.2016, registered as Case Crime No. 325 of 2016 under Sections 498-A, 323, 506, 376-D IPC and 3/4 Dowry Prohibition Act, Police Station, Meerapur, District Muzaffarnagar and it is being submitted that there is matrimonial discord inter se Jahid and Smt. Asma Parveen and that a totally ugly shape has been given in the FIR and in order to give colour to the case various sections have been introduced and the allegations have been made against the entire family members for the alleged crime and in view of this, the story that has been narrated is improbable and the same is not truthful. 2. Learned AGA on the other hand has contended that FIR in question discloses commission of cognizable offence. 3. We have the occasion to peruse the FIR in question and as far as allegation is concerned, prima facie, it does reflect a matrimonial discord inter se Jahid and Smt. Asma Parveen and as to whether the story narrated therein is truthful story or is manufactured one is subject matter of investigation and in view of this, the prayer for quashing the FIR cannot be accorded by us as it discloses commission of cognizable offence and the prayer made for quashing the FIR is turned down. 4. Petitioner counsel next contended that till date there is no credible evidence connecting the petitioners with the crime in question, as such arrest be not effectuated. 5. Consequently, keeping in view the the peculiar facts and circumstances of the case, as petitioners allege that there is no credible evidence available against them, we proceed to pass an order that process of investigation should be brought to its logical conclusion and the petitioners shall extend full cooperation in the investigation and shall not hamper with the investigation but pursuant to the impugned FIR dated 13.5.2016, registered as Case Crime No. 325 of 2016 under Sections 498-A, 323, 506, 376-D IPC and 3/4 Dowry Prohibition Act, Police Station, Meerapur, District Muzaffarnagar, petitioners may not be arrested till credible evidence is collected or till submission of the police report under Section 173(2) Cr.P.C. whichever is earlier. With the above, present writ petition stands disposed of.