MOHD. ARSHAD QURESHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned A.G.A., and perused the records.

(2.) Present petition has been filed for direction in the nature of certiorari for quashing the FIR dated 2.6.2015 in Case Crime No. 145/2015, Sections 498 -A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act., P.S. Kotwali Nagar, Aligarh, and for the direction of mandamus commanding the respondent -State and police for not arresting the petitioners in aforesaid case, and for any other suitable writ or direction.

(3.) One Smt. Sadaf Basit (wife of Mohd. Arshad Quaraishi) had lodged FIR with averment that her marriage was performed on 24.6.2014 with Mohd. Arshad Quaraishi (s/o Riyazuddin, resident of New Delhi) in accordance with Muslim religious customs. In this marriage, her parents had given dowry including Honda City car. After marriage, she came to her husband's house, where from the very beginning her husband, mother -in -law Smt. Shahnaj Begum, father -in -law Riyazuddin, husband's sisters Smt. Aarshiya Fayaz and Smt. Sabina Rafi, her husband's brother -in -laws Sheikh Fayaz Ahmad and Mohd. Rafi Sheikh, and husband's cousin brother Mohd. Wasim had started passing comments for insufficiency of dowry and had started regular altercation and manhandling with her. After one and a half month of marriage, she was sent out ofm house of in -laws, with direction to bring Mercedes car. Thereafter, her husband or his family members had not come for bringing her back. After about eight months, he came to know that her mother -in -law is indisposed and was admitted in hospital, then her parents had left her to hospital. But the family members of her husband had beaten her and expelled from the house. Therefore, she had lodged report.