- (1.) This writ petition has been filed for quashing the impugned F.I.R. dated 30.1.2018 lodged against the petitioners in case crime no.44 of 2018 under sections 420, 467,468,471, 472,475 I.P.C. P.S. Rakabganj District Agra.
(2.) Learned counsel for the petitioners submits that this case has a very chequered history. This matter pertains to the abuse of the powers and position by Mr. Raj Kumar Sirohi (husband of the petitioner no.3) and Mr. Umesh Kumar Sirohi (husband of respondent no.4, the complainant of the present case), who are real brothers and members of U.P. Judicial Services and are presently posted as Addl. Civil Judge (Jr. Div.) at Sonebhadra and Spl. Judge ( U.P.Dacoity A.A.) Lalitpur respectively.
(3.) Learned counsel for the petitioners submitted that the petitioner no. 3 namely Smt. Muskan Singh was married with Raj Kumar Sirohi, who happens to be Devar of the complainant Dr. Meghna Sirohi ( wife of Mr.Umesh Kumar Sirohi) in the year 2011. He further submitted that after a few days of marriage,the husband as well as other family members of her in laws started demanding additional dowry and thereafter the matrimonial relations between them became strained. Later on, the husband of petitioner no. 3 refused to permit her to live with him at his official residence, which created doubt and suspicion in the mind of the petitioner no.3 and one day when she went to the official residence of her husband situated at the A.D.M.compound, Meerut in the month of September,2012, the petitioner no.3 was shocked to see that another lady was living in the said premises and upon inquiry being made, the said lady introduced herself as wife of Raj Kumar Sirohi. The said lady had disclosed her name as " Supriya". He further submitted that when the petitioner no.3 raised her grievances before the competent authorities, Mr. Umesh Kumar Sirohi, elder brother of Raj Kumar Sirohi, who was also posted as A.D.J. in the Meerut at that time, asked the petitioner no.3 and her other family members to visit his house at Meerut to get the matrimonial dispute settled in a cordial manner. But when they reached there, Mr. Umesh Kumar Sirohi instead of discussing the matter for an amicable settlement of dispute, threatened to falsely implicate them in criminal cases. Further, when they came back to their house, they discovered that a false and frivolous F.I.R. had been lodged on 26.6.2014 against the petitioner no. 3, her mother, brother and father by Mr. Umesh Kumar Sirohi through his wife Smt. Meghna Sirohi ( respondent no. 4) at Police Station Medical District Meerut under sections 395 and 397 I.P.C. registered as case crime no. 472 of 2014 by cooking up an absolutely false, baseless and concocted story just to harass, victimise and exert undue pressure on them. A charge sheet in the matter was submitted only under sections 324 and 452 I.P.C.;