IMRAN Vs. STATE OF UP

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India by the petitioners Imran and others for issuing a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 4.12.2009 in case crime No. 997 of 2009, under Sections 498-A, 323, 506, IPC and 3/4 D.P. Act, P.S., Chakeri, District, Kanpur Nagar, (Annexure No. 1 to the writ petition). It has been further prayed that writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in the above mentioned case may also be issued.

(2.) The facts as are discernable from the papers filed with this writ petition are that informant Shahid Hussain lodged a First Information Report at P.S., Chakeri, District, Kanpur Nagar on 4.12.2009 at 2:00 p.m. against the petitioner Imran, his family members and relatives mentioning therein that informant's Sister Smt. Salma Khatoon was married to the petitioner Imran on 4.1.2002 and an amount of Rs. 35 lacs was spent in the marriage. However, the husband and in-laws were not satisfied with the dowry given at the time of marriage and they started demanding a plot of 200 Sq. Yards along with Rs. 15 lacs for carrying the business. Smt. Salma Khatoon was being harassed and teased and beaten due to non-fulfillment of the said demand. When the informant expressed his inability to fulfill the demand, Smt. Salma Khatoon along with her two children was turned out from her marital home.

(3.) We have heard the learned counsel for the petitioners, the learned counsel for the respondent No. 4 as well as the learned A.G.A., Sri Karuna Nand Bajpayee.