Partly allowed

Vishambhar and 7 Others v. State of U.P. and 2 Others

Allahabad HC15 May 2019CRLP/3562/2019

Case brief

AI extract

What is this about?

This court dismissed a petition to quash an FIR under Sections 498-A, etc. IPC. The court ordered that the investigation must continue but directed that petitioners not be arrested until the submission of the police report under Section 173(2) Cr.P.C.

What did the court decide?

The petition was disposed of; investigation to continue without arrest of petitioners until police report under section 173(2) Cr.P.C. is submitted.

Vishambhar and 7 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3562 of 2019

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Petitioner :- Vishambhar And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Dwivedi Counsel for Respondent :- G.A.,Arvind Kr. Singh (Caveator),Suraj Kumar Singh

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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; the learned A.G.A. for the respondents 1 and 2; Sri Suraj Kumar for the respondent no.3; and perused the record.

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The instant petition seeks quashing of the first information report dated 09.01.2019 registered as Case Crime No. 07 of 2019 at P.S. Pheelkhana, District-Kanpur Nagar, under Sections 498-A, 323, 504, 506, 354 I.P.C. and section 3/4 D.P. Act.

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It appears that on 11.02.2019, the Court felt that the matter could be settled through the process of mediation and, therefore, subject to deposit of Rs. 50,000/-, the matter was referred to the mediation centre.

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It appears that the petitioners had not deposited Rs. 50,000/-. Hence, the Deputy Registrar, AHCMCC has submitted a report dated 12.03.2019 that no deposit has been made.

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The learned counsel for the respondent no.3 has submitted that parties had been in litigation and a proceeding pending between the parties was referred to the mediation centre, Kaushambi but the mediation process has failed.

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As a result, we have proceeded to examine the matter on merits.

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A perusal of the impugned first information report suggests that it discloses commission of cognizable offences.

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In view of the above, the prayer of the petitioners to quash the first information report cannot be accepted.

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At this stage, the learned counsel for the petitioners has submitted that there is no support from any kind of injury report to the prosecution case and, as, admittedly, litigation has been pending between the parties and the entire family of the petitioners has been implicated by levelling all kinds of allegation, there should be protection to the petitioners till completion of investigation.

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Having considered the rival submissions, we are of the view that the interest of justice would be served if the investigation of the case continues and be brought to its logical conclusion but the petitioners are not arrested in the above case till submission of police report under Section 173 (2) Cr.P.C.

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In view of the above, the petition is disposed off by providing that the investigation of the case shall continue and be brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the above case till submission of police report under Section 173 (2) Cr.P.C.,

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Order Date :- 15.5.2019 Sunil Kr Tiwari

Vishambhar and 7 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Vishambhar and 7 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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