Disposed

Meena and 3 Others v. State of U.P. and 3 Others

Allahabad HC10 Jan 2019CRLP/502/2019

Case brief

AI extract

What is this about?

A criminal writ petition seeking quashing of an FIR alleging matrimonial offences was not quashed as offences were made out. However, the court directed that petitioners not be arrested until the police report is submitted by a time-bound investigation.

What did the court decide?

Directed petitioners not to be arrested till police report is submitted under Section 173(2) Cr.P.C. and concluded within three months; co-operation with investigation directed.

Meena and 3 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 502 of 2019 Petitioner :- Meena And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh K. Dwivedi,Sharwan Kumar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.255 of 2018, under Sections 354, 452, 323, 376, 511, 504, 506, IPC Police Station Gauri Bazar, District Deoria.

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Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members including the relatives have been implicated in the present matrimonial case on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.

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Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.

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Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.

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However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.

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With the aforesaid observations, the instant writ petition is finally disposed of.

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Order Date :- 10.1.2019 VKG

Meena and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Meena and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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