Partly allowed

Rajaram Shah and 2 Others v. State of U.P. and 2 Others

Allahabad HC27 May 2019CRLP/14556/2019

Case brief

AI extract

What is this about?

Court dismissed the petition for quashing the FIR in a matrimonial dispute. It ordered that investigation should continue but allowed petitioners cooperation under applicable conditions until police report submission.

What did the court decide?

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

Rajaram Shah and 2 Others Vs State of U.P. and 2… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14556 of 2019

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Petitioner :- Rajaram Shah And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Birendra Singh,Shyamu Shukla Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 02.11.2018 registered as Case Crime No.63 of 2018, under Sections 498A, 323, 376, 511 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Gorakhpur.

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The allegation in the impugned first information report, which has been lodged by the victim, is that the victim was married on 01.05.2014 to Rakesh Shah (son of the petitioner no.1). It is alleged that there had been demand of dowry in connection with which the victim had been harassed. It is also alleged that Chachiya Sasur of the victim had made an attempt to sexually assault the victim. It is alleged that the victim had left matrimonial home and started staying at her maternal home. It has been alleged that for last three and a half years no body inquired about the victim but, on 18.03.2018, the in-laws came to take the victim and took her. However, again, on 29.03.2018, the victim was assaulted in connection with demand of dowry. It is also alleged that the husband is planning another marriage.

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The contention of the learned counsel for the petitioner is that the victim on her own had left her matrimonial home and to exert pressure upon the in-laws, the impugned first information report has been lodged even though prior to lodging of the first information report, the victim had already instituted a suit for divorce in which there is no allegation in respect of any attempt of sexual assault on her. It has been submitted that the allegations are nothing but false.

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Be that as it may, as correctness of the allegations are not, ordinarily, to be tested in the writ petition, the prayer of the petitioner to quash the first information report cannot be accepted.

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However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.

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Order Date :- 27.5.2019 AKShukla/-

Rajaram Shah and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rajaram Shah and 2 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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