Disposed

Sami Ul Islam and 6 Others v. State of U.P through Secretary Home Govt. of U.P and 2 Others

Allahabad HC22 Feb 2018CRLP/4390/2018

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What is this about?

In a criminal miscellaneous writ petition under section 482 CrPC seeking quashing of an FIR for Dowry Prohibition Act and IPC offences, the High Court directed that petitioners not be arrested until the police submit the report under section 173 CrPC, requiring their cooperation with the investigation.

What did the court decide?

Directed that petitioners shall not be arrested till submission of police report under section 173 CrPC, but must cooperate with investigation.

Sami Ul Islam and 6 Others Vs State of U.P through… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4390 of 2018

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Petitioner :- Sami Ul Islam And 6 Others Respondent :- State Of U.P Through Secretary Home Govt. Of U.P And 2 Others Counsel for Petitioner :- Krishna Dutt Tiwari Counsel for Respondent :- G.A.

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

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Heard Sri K.D. Tiwari, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This petition has been filed with the prayer to quash the F.I.R. dated 20.1.2018, registered as Case Crime No.12 of 2018, u/s 498-A, 494, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, district Moradabad.

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Learned counsel for the petitioners submits that petitioner no.1 is the husband of respondent no.3. The marriage between the petitioner no.1 and respondent no.3 was solemnized ten years back. The impugned FIR has been lodged by the respondent no.3 roping in the entire family of her husband containing 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. He further submits that it is a case of no injury. Hence the impugned FIR is liable to be quashed.

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Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations and the law laid down by the Apex Court in the case of Rajesh Sharma vs. The State of U.P. in Crl. Appeal No. 1265 og 2017 decided on 27.7.2017 , it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case. With the above direction this petition is finally disposed of.

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

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Order Date :- 22.2.2018 Gaurav

Sami Ul Islam and 6 Others v. State of U.P through Secretary Home Govt. of U.P and 2 Others

Case brief

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Sami Ul Islam and 6 Others v. State of U.P through Secretary Home Govt. of U.P and 2 Others

Case brief

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