GAUTAM CHOWDHARY, J. - (1.) Heard learned counsel for the petitioners and learned A.G.A. for the State. This writ petition has been filed by the petitioners with the following prayers: (I) issue a writ order or direction in the nature of certiorari quashing the impugned First Information Report dated 28.11.2020 lodged by respondent No. 4 in case crime No. 824 of 2020, under sections 498-A IPC and section 3/4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Etah. (II) issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in case crime No. 824 of 2020, under sections 498-A IPC and section ¾ Dowry Prohibition Act, Police Station Kotwali Nagar, District Etah. (III) issue any other writ order or direction In the like nature which this Hon 'ble Court may deem fit and proper in the circumstances of the case. (IV) award the costs of the writ petition to the petitioners. The brief facts of this case are that the marriage of daughter of respondent no. 4 namely Priyanka was fixed with the petitioner No. 1 by which on 7.6.2020 the Ring ceremony was held and during this period about 6.5 lacs rupees was given by the respondent no. 4 to the petitioners. It is further alleged that on 25.11.2020 all the petitioners demanded a Creta Car and stated if said demand could not be fulfilled then they would not solemnize the marriage.
(2.) It is submitted by learned counsel for the petitioners that the marriage of daughter of respondent no. 4 was fixed with the petitioner no. 1 and after Ring ceremony respondent no. 4 with the ulterior motive, demanded money from the petitioners for solemnizing the marriage with her daughter with petitioner no. 1 and stated that if the same was not fulfilled then petitioners would be falsely dragged in a criminal case, present malicious prosecution has been launched by the respondent no. 4.
(3.) It is next submitted by learned counsel for the petitioner that all the offences are punishable with incarceration below 7 years but the police of concerned police station is regularly visiting the house of petitioners under the influence of respondents No. 4. It is further submitted that under the provisions of Sections 204, S41(1)(b), S.41(1)(b)(ii)(e), S.41(a) of the Cr.P.C. police cannot arrest the petitioners without giving notice and without and without collecting any credible evidence against the petitioners the police can not arrest the accused.;