ALLAHABAD HIGH COURT
V.K. Shukla, Arvind Kumar Mishra-I, JJ.
Dolly @ Sanyogita Saini @ Sangeeta Saini And 6 Others - Appellant
Versus
State of U.P. And 3 Others - Respondent
Criminal Misc. Writ Petition No. 22829 of 2015
Decided On : 17-09-2015
Arrest - Quashing of FIR - Allegations of Sodomy, Attempt to Kill, Dowry Demand, and Cruelty - Lack of Credible Evidence
Fact of the Case:
The petitioners sought to quash the FIR against them, which contained serious allegations of sodomy, attempt to kill, dowry demand, and cruelty. They argued that there was no credible evidence connecting them to the alleged crimes.
Finding of the Court:
The court found that the serious allegations in the FIR, coupled with allegations of dowry demand and cruelty, precluded the quashing of the FIR. However, it acknowledged that there was no credible evidence connecting petitioner nos. 1,2,3,4,5 and 6 with the alleged crimes.
Issues: The main issue was whether the FIR should be quashed, and whether there was credible evidence connecting the accused with the alleged crimes.
Ratio Decidendi: The court held that arrest can only be effectuated when there is credible evidence connecting the accused with the alleged crime. It also emphasized that the process of investigation should be brought to its logical conclusion, and that the accused should extend full cooperation in the investigation.
Final Decision: The court disposed of the writ petition, ordering that petitioner nos. 1,2,3,4,5 and 6 may not be arrested until credible evidence is collected or until the submission of the police report under Section 173 (2) Cr.P.C., whichever is earlier.
Dolly @ Sanyogita Saini @ Sangeeta Saini And 6 Others are before this Court with the request to quash the impugned FIR dated 24.08.2015 registered as Case Crime No.0411 of 2015 under Sections 323, 498A, 504, 506, 377 IPC and Section 3/4 D.P. Act, P.S. Thana Bhawan, District Shamli.
2. We have the occasion to peruse the FIR in question and as far as FIR in question goes, it contains serious allegation of sodomy against petitioner no.7 and what we further find from the FIR is that, an attempt has also been made by petitioner no.7 alongwith active participation of his mother and father to kill the lady in question.
3. Once such are the allegations that are so levelled in the FIR in question, coupled with this, allegations of demand of dowry as well as cruelty is there, then there is no occasion for us to accord the relief in question as has been prayed for to quash the FIR in question.
4. Petitioners' counsel next contended that rest of the family members are paying the price of dispute between husband and wife and they are falsely implicated in the FIR in question and as far as petitioner nos. 1,2,3,4,5 and 6 are concerned, no credible evidence worth name as against them has come forward connecting them with the crime in question and once there is no credible evidence connecting the accused persons with the crime in question, then to conceive of a situation that any offence has been committed by them is too far fetched.
5. Law on the subject is clear that arrest can be effectuated only when there is credible evidence available connecting the accused with the crime in question.
6. Consequently, keeping in view the peculiar facts and circumstances of the case as petitioners allege that there is no credible evidence worth name available against petitioner nos. 1,2,3,4,5 and 6, we proceed to pass an order that process of investigation should be brought to its logical conclusion and the petitioner nos. 1,2,3,4,5 and 6 shall extend full cooperation in the investigation and shall not hamper with the investigation but pursuant to impugned FIR dated 24.08.2015 registered as Case Crime No.0411 of 2015 under Sections 323, 498A, 504, 506, 377 IPC and Section 3/4 D.P. Act, P.S. Thana Bhawan, District Shamli, petitioner nos. 1,2,3,4,5 and 6 may not be arrested till credible evidence is collected or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier.
7. With these observations, writ petition is disposed of.
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