Partly allowed

Zubair and 4 Others v. State of U.P. and 2 Others

Allahabad HC22 Nov 2018CRLP/33588/2018

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging an FIR. It refused to quash the FIR but directed that except for Petitioner No. 1, the respondents postpone arrest of other petitioners until the police report is submitted, considering their plea of false implication in a matrimonial dispute.

What did the court decide?

FIR not quashed; arrest of Petitioner Nos. 2 to 5 stayed till police report; Petitioner No. 1 petition dismissed.

Zubair and 4 Others Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 4

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Case :- CRIMINAL MISC. WRIT PETITION No. - 33588 of 2018

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Petitioner :- Zubair And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- G.A.,Madan Singh

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and Sri Madan Singh, learned counsel for the respondent no. 3.

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This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 6.11.2018 registered as Case Crime No. 0408 of 2018, under Sections 323, 504, 506, 498A, 377 I.P.C. and Section 3/4 D.P. Act, P.S. Shahzad Nagar, District Rampur.

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Learned counsel for the petitioners submitted that the petitioner nos. 2 to 5 have no concern either with her alleged maltreatment in her matrimonial home or with the alleged demand for dowry, yet they have falsely been implicated by respondent no.3 in the present case with the ulterior intention of harassing them. The impugned F.I.R. has been lodged by the respondent no. 3 containing absolutely false, concocted, vague and sweeping allegations against the entire family of her husband that they were demanding additional dowry from her and her parents and on account of non fulfillment of the aforesaid demand of dowry, she was maltreated and tortured by them in her matrimonial home. He further submitted that apart from the bald allegations made in the impugned

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F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned FIR qua petitioner nos. 2 to 5 is liable to be quashed.

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Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.

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After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.

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However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner nos. 2 to 5 shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.

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So far as the petitioner no. 1 is concerned, the petition stands dismissed. However, after perusing the record and considering the nature of the allegations it is directed that in case the petitioner no. 1 appears before the court concerned within two weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.

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With the aforesaid directions, this petition is finally disposed of.

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Order Date :- 22.11.2018 Noman

Zubair and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Zubair and 4 Others 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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