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2018 DIGILAW 602 (ALL)

Vijay Kumar v. State of U. P.

2018-03-13

KRISHNA PRATAP SINGH, RAMESH SINHA

body2018
JUDGMENT & ORDER : 1. Heard Sri R.P. Singh, learned counsel for the petitioners, Sri D.K. Tripathi, learned counsel for the caveat or, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record. 2. This petition has been filed by the petitioners with a prayer to quash the FIR dated 1.2.2018 registered as Case Crime No.69 of 2018, under Sections 498A, 323, 377, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Medical College, District Meerut. 3. It has been submitted by the petitioner that the marriage between the son of petitioner no.1, namely, Vijay Kumar and respondent no.4 was solemnized in the year 2016 and after marriage some dispute arose between the parties. He further submitted that the impugned FIR has been lodged by the respondent no.4 roping in the petitioners who are her in-laws including 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. The husband of respondent no.4, namely, Sachin is already confined in jail in the present case, the said fact has been mentioned in paragraph no.5 of the writ petition. 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. 4. Learned counsel for the caveator as well as learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners. 5. 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. 6. With the above direction, this petition is finally disposed of.