Disposed

Ram Rani and Another v. State of U.P. and 2 Others

Allahabad HC25 Apr 2018CRLP/10014/2018

Case brief

AI extract

What is this about?

Hon'ble Court considered a writ petition seeking quashing of an F.I.R. under Sections 498A, 304B IPC and Dowry Prohibition Act. The court rejected absolute quashing but directed non-arrest of petitioners pending police report and police investigation conclusion within three months.

What did the court decide?

Petitioners directed not to be arrested till police report under Section 173(2) Cr.P.C. is submitted; investigation to be concluded within three months.

Ram Rani and Another Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10014 of 2018

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Petitioner :- Ram Rani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Supplementary affidavit filed in Court today, is taken on record.

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Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0812/2017, under Sections- 498A, 304B, 328 IPC & 3/4 D.P. Act, P.S.- Ghatampur districtKanpur Nagar.

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Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; much reliance has been placed upon paragraph nos. 10 to the affidavit accompanying the writ petition; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed. Reliance has been placed upon annexure no. 5 to the writ petition. It has been informed that the husband is already in jail.

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Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.

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Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.

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However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible within a period of three months from today.

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With the aforesaid observations, the instant writ petition is finally disposed of.

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Order Date :- 25.4.2018/Anand

Ram Rani and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ram Rani and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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