Writ petition seeking quashing of an F.I.R. in matrimonial dispute. Court rejected quashing prayer but directed investigation to conclude without arresting petitioners until police report submission.
Investigation to continue without arresting petitioners till submission of police report under Section 173(2) Cr.P.C.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 26489 of 2018 Petitioner :- Dhirendra Kumar Tiwari And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Sahu,Ram Swaroop (Singh),Shivakant Singh Counsel for Respondent :- G.A.,Bhupendra Pal Singh.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1, 2 and 3, and Sri Bhupendra Pal Singh, learned counsel for the respondent no. 4 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 11.9.2018 registered as case crime No. 338 of 2018 under Sections 498-A, 323, 504, 506, 377 I.P.C. and 3/4 of the Dowry Prohibition Act, Police Station- Mauranipur, District- Jhansi.
As the matter arose out of matrimonial dispute between husband and wife it was referred by order dated 24.9.2018 to the mediation centre to explore possibility of settlement between the parties. Pursuant to that order, mediation centre has submitted a report that mediation was completed but no agreement could be arrived at between the parties.
In view of above, we have proceeded to examine the matter on merits.
The allegations made in the first information report disclose commission of cognizable offence. However, submission of the learned counsel for the petitioners is that the allegations are false and have been made only on account of matrimonial differences and a divorce petition is pending in the court of Family Judge, Banda. It has been submitted that entire family of the husband has been implicated; and there is no injury report to support the prosecution case.
Be that as it may, on the grounds taken, prayer to quash the first information cannot be accepted because correctness of the allegations are not ordinarily to be tested in the writ jurisdiction.
However, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 1.5.2019 A. Pt. Singh
1 issue framed by the court
Whether the F.I.R. registered for matrimonial offences could be quashed in the absence of settlement during mediation.
2 provisions across 2 enactments
Dhirendra Kumar Tiwari
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
