LAWS(ALL)-2018-3-157

JANO DEVI Vs. STATE OF U P

Decided On March 13, 2018
Jano Devi Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Pradeep Saxena, learned counsel for the petitioners, Sri R.K.Mishra, learned Brief Holder for the State and perused the impugned FIR as well as material brought on record.

(2.) This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 30.1.2018 registered as Case Crime No.111 of 2018, under Sections 498A, 323, 325, 504,506 I.P.C. and 3/4 D.P. Act, Police Station Baradari, District Bareilly.

(3.) It has been submitted by the petitioners that the marriage between the petitioner no.4 and respondent no. 3 was solemnized in the year 2016. He further submitted that the impugned FIR has been lodged by the respondent no.3 roping in the entire family of her husband, petitioner no. 4 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. It is a case of no injury, the said fact has been mentioned in paragraph no.7 (b) 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 qua the petitioner nos.1 to 3, hence the impugned FIR is liable to be quashed.