Dismissed

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

Allahabad HC7 May 2019CRLP/6548/2019

Case brief

AI extract

What is this about?

This court disposed of a Criminal Miscellaneous Writ Petition seeking quashing of an FIR registered for matrimonial offences. The court directed that investigation should continue and the petitioners shall not be arrested pending submission of the police report under Section 173(2) CrPC.

What did the court decide?

Stay on arrest granted pending submission of police report under Section 173(2) CrPC; investigation to proceed.

Arif and 7 Others Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6548 of 2019 Petitioner :- Arif And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A. 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 State-respondent Nos. 1 and 2 and perused the record.

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The instant petition seeks quashing of the FIR dated 14.2.2019 registered as Case Crime No. 27 of 2019, under Sections 498A, 323, 307, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, at Police Station Mundali, District Meerut.

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The allegations in the impugned F.I.R. disclose commission of cognizable offence however the case of the petitioners had been that the allegations are false and made on account of matrimonial dispute between the Petitioner No.1 and Respondent No.3 (informant). It has also been pointed out that there is no injury report to support the prosecution case.

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After considering the submissions of learned counsel for the petitioners, on 12.3.2019 the Court has passed the following order:

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"Heard learned counsel for the petitioners, learned AGA for the State-respondents and perused the record.

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Contention of learned counsel for the petitioners is that on account of adjustment problems after marriage, respondent no. 3 has lodged the FIR against not only her husband but the entire family of her husband by levelling false allegation, which has no support from any injury report.

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The matter requires consideration.

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Learned AGA has accepted notice on behalf of the respondent nos. 1

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and 2.

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Let notice be issued to the respondent no. 3 fixing 30.4.2019. List this case on 30.4.2019.

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By the next date, the respondents shall file their respective counter affidavits.

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Till the next date of listing or till the submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, the arrest of the petitioners in Case Crime No. 27 of 2019, under Sections 498-A, 323, 307, 504, 506 IPC and section 3/4 of D. P. Act, P.S. Mundali, District Meerut, shall remain stayed, subject to cooperation of the petitioners in the investigation.

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It is made clear that this Court has not stayed the investigation of the aforesaid case."

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Pursuant to the above order, notice was issued to the Respondent Nos. 3 fixing 30th April, 2019.

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The office has submitted a report that notice has been issued to the Respondent No.3.

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No one has appeared on behalf of Respondent No.3 though a short counter affidavit has been filed by the Investigating Officer disclosing that the investigation is pending and from the material collected, upto date, the complicity of the petitioner No.7 was not found in the crime.

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In view of the above, keeping in mind that the matter has arisen out of matrimonial discord between husband and wife, we deem it appropriate to dispose off the petition by providing that 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., in the aforesaid case. Order Date :- 7.5.2019/Manish Tripathi

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

Case brief

What is this about?

What did the court decide?

Arif 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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