The High Court refused to quash an FIR registered under Sections 498-A and related IPC provisions, citing general allegations as insufficient but considered the peculiar circumstances.
Order that investigation proceed without arresting petitioners until police report is submitted under Section 173(2) Cr.P.C.
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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9629 of 2019
Petitioner :- Gulfam And 13 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Sunder Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Shyam Sunder Mishra, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 15.3.2019 registered as Case Crime No. 94 of 2019 under sections 498-A, 323, 504, 506, 420 I.P.C, and 3/4 D.P. Act, P.S. Bindki, District Fatehpur.
It is submitted by learned counsel for the petitioners that it's an offshoot of a matrimonial dispute, allegations are general in nature, entire family members have been implicated on false and vexatious allegations, it's a case of no injury, coupled with the fact that respondent no.3 had refused to go with petitioner no.1 in a suit for restitution filed by petitioner no.1, which now stands dismissed, FIR is liable to be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full cooperation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 15.4.2019 N.S.Rathour
2 issues framed by the court
Whether the High Court should quash the FIR in a matrimonial dispute alleging matrimonial cruelty under Sections 498-A IPC.
Whether the petitioners should be restrained from arrest during the investigation pending police report under Section 173(2) Cr.P.C.
1 provisions across 1 enactments
Gulfam And 13 Others
State Of U.P. And 2 Others
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
