Partly allowed

Mohkam and 4 Ors. v. State of Up and 3 Ors.

Allahabad HC8 Feb 2018CRLP/2462/2018

Case brief

AI extract

What is this about?

Writ petition seeking quashing of FIR involving dowry allegations and torture. Court directed that investigation proceed without arresting petitioners 1 to 5 until the police report, while dismissing the petition regarding petitioner 6.

What did the court decide?

Investigation directed to proceed without arresting petitioners 1 to 5 till police report; petition regarding petitioner 6 dismissed.

Mohkam and 4 Ors. Vs State of Up and 3 Ors. — Dowry and Cruelty | Allahabad HC (2018)

¶1

Court No. - 42

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 2462 of 2018

¶3

Petitioner :- Mohkam And 4 Ors Respondent :- State Of Up And 3 Ors Counsel for Petitioner :- Sikandar Azam Lari Counsel for Respondent :- G.A.

¶4

Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

¶5

An impleadment application for impleading the husband of respondent no. 4 as party in the present petition has been filed today by learned counsel for the petitioners which is taken on record.

¶6

The impleadment application is allowed.

¶7

Office is directed to allot regular number to the present impleadment application.

¶8

Learned counsel for the petitioners is directed to implead husband of respondent no. 4 as party in the present petition.

¶9

Heard Sri S.A. Lari, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

¶10

This writ petition has been filed by the petitioners for quashing the impugned FIR dated 19.12.2017 registered as case crime no. 128 of 2017, under Sections 498A, 323, 376, 511, 354 (Kha), 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Muzaffar Nagar.

¶11

It has been submitted by the learned counsel for the petitioners that the marriage between petitioner no. 6 and respondent no. 4 was solemnized four years ago. Thereafter the impugned FIR has been lodged by the respondent no. 4 roping in the entire family of her husband, petitioner no. 6containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 1 to 5 hence the impugned FIR is liable to be quashed.

¶12

Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.

¶13

After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

¶14

(i) Investigation of the aforesaid case shall go on but the petitioner nos. 1

¶15

to 5 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

¶16

(ii) As far as the petitioner no. 6 is concerned, the petition stand dismissed.

¶17

With this direction, this petition is finally disposed of.

¶18

(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)

¶19

Order Date :- 8.2.2018 Shiraz

Mohkam and 4 Ors. v. State of Up and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mohkam and 4 Ors. v. State of Up and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Indraj and 5 Others Vs State of U.P. and 2 Otehrs

Bhola Alias Gopal Vs State of U.P. and 3 Others

Dhananjai Singh Vs State of U.P. and 2 Others

Azhar Ahmad Jafari and 3 Others Vs State of U.P. and 2 Others

Rahul and 3 Others Vs State of U.P. and 3 Others

Kamla Devi and Another Vs State of U.P. and 3 Others