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Deepak Alias Gajanand And 4 Others vs State Of U.P. And 3 Others on 9 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 45

Case :- CRIMINAL MISC. WRIT PETITION No. – 191 of 2020

Petitioner :- Deepak Alias Gajanand And 4 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Pavan Kishore,Anand Kumar

Counsel for Respondent :- G.A.

Hon’ble B. Amit Sthalekar,J.

Hon’ble Shekhar Kumar Yadav,J.

Heard the learned counsel for the petitioner and the learned A.G.A. for the State.

The petitioners in the present writ petition are seeking quashing of the F.I.R. registered as Case Crime No. 0270 of 2019, under Sections 498A, 323 I.P.C. and Section 3/4 of D.P. Act, Police Station Vindhyachal District Mirzapur with a further prayer not to arrest them in pursuance of the said first information report.

As per the F.I.R, the allegations are that the informant was married on 22.6.2018 with Deepak but her in-laws were not happy with the dowry given at the time of marriage and used to torture her on account of demand of more dowry. It is further alleged that she was also beaten by her-laws.

The submission of the learned counsel for the petitioners is that the impugned F.I.R. has been lodged on false and concocted story with malafide intention and the entire family of the husband of the informant has been implicated in a frivolous case. It is further submitted that the informant was pressurizing her husband, petitioner no. 1 to live separately from in-laws to which he has not agreed and therefore this false F.I.R. has been lodged.

Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.

From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.

However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

With the above direction, this petition is finally disposed of.

Order Date :- 9.1.2020

o.k.

 

 

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