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2019 DIGILAW 135 (ALL)

Gaurav Kumar v. State of U. P.

2019-01-18

ANIL KUMAR, RAM SURAT RAM (MAURYA)

body2019
JUDGMENT : 1. Heard Shri Vinod Kumar Pandey, learned counsel for petitioners and learned A.G.A. for State of Uttar Pradesh. 2. This writ petition has been filed for quashing the F.I.R. dated 29.01.2018 registered as Case Crime No. 040 of 2018, under Sections 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Kerakat, District-Jaunpur. 3. In the F.I.R. in substance the allegation has been made that informant Kavita was married to Gaurav Kumar on 18.04.2012. At the time of marriage, dowry was given but the accused were not satisfied with the dowry and they were demanding one car and Rs. 5 lac as cash by way of additional dowry and in relation to demand of dowry they started torturing and assaulting the informant Kavita. 4. Counsel for the petitioners submits that F.I.R. was lodged on false allegation inasmuch as Gaurav Kumar filed a suit under Section 13 of Hindu Marriage Act 1955 for divorce on 02.01.2018 then on coming to know about that suit, this F.I.R. has been filed to mount pressure upon Gaurav Kumar in which entire family members have been falsely implicated. 5. In view of the fact of present case writ petition is disposed of with giving liberty to petitioner no. 1 Gaurav Kumar, if he appears and applies for bail, then his bail application shall be decided on the same day on which he is taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, 2018 SCCOnline (SC) 1501. 6. No coercive action shall be taken against petitioner no. 2 Harihar Nath Gupta, petitioner no. 3 Sudha Gupta, petitioner no. 4 Preeti Gupta and petitioner no. 5 Jyoti Gupta in Case Crime No. 040 of 2018, under Sections 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station-Kerakat, District-Jaunpur till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.