Dismissed

Mayur Chhattani and 4 Others v. State of U.P. and 3 Others

Allahabad HC16 Jul 2019CRLP/5864/2019

Case brief

AI extract

What is this about?

This court dismissed a criminal miscellaneous writ petition seeking to quash an FIR in a matrimonial dispute. The court found the allegations disclosed a cognizable offence, refused the main prayer, and declined bail via that route, directing the petitioner to seek anticipatory bail instead.

What did the court decide?

Prayer for quash of FIR refused; prayer for interim stay of arrest denied with direction to seek anticipatory bail under S. 438 CrPC.

Mayur Chhattani and 4 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5864 of 2019

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Petitioner :- Mayur Chhattani And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Daga,Mahesh Kumar Counsel for Respondent :- G.A.,Vivek Shandilya

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Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.

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Heard Sri Amit Daga, learned counsel for the petitioner, Sri Abhijeet Mukherjee, learned A.G.A. for the State and Sri Vivek Shandilya, learned Senior Advocate for the private respondent assisted by Sri Manish Pandey, Advocate and perused the impugned F.I.R. as well as material brought on record.

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This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 21.1.2019 registered as case crime no. 04 of 2019 under sections 498-A, 323, 504, 506, 406 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Jhansi.

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Learned counsel for the petitioner submitted that the matter was send to the Mediation Centre being a matrimonial dispute but mediation has been failed between the parties.

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Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.

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The petitioner/s has also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition. In view of the judgment of Apex Court passed the case of State of Orissa vs. Madan Gopal Rungta reported in AIR 1952 SC 12 and Kala Bharti Advertising vs. Hemant Vimal Nath Narichania & ors. reported in 2010 (9) SCC 437 when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner, who is apprehending his arrest is having an efficacious remedy of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail.

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The petitioner/s may avail such remedy if so advised. As there appears to be an interim order passed in this petition by Co-ordinate Bench of this Court on 9.5.2019 staying arrest of the petitioner/s, the same shall remain continue till 25th July, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 24th July, 2019.

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The petition for writ is disposed of accordingly.

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(Raj Beer Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 16.7.2019 Deepika

Mayur Chhattani and 4 Others v. State of U.P. and 3 Others

Case brief

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Mayur Chhattani and 4 Others v. State of U.P. and 3 Others

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