Partly allowed

Asif and 6 Others v. State of U.P. and 2 Others

Allahabad HC19 Oct 2020CRLP/10481/2020

Case brief

AI extract

What is this about?

In a writ petition seeking quashing of an FIR under dowry-related offences, the Court rejected the quashing application due to injuries sustained by the victim. However, the Court directed that specific petitioners (married relatives) not be arrested until the investigation concludes, provided they cooperate.

What did the court decide?

Prayer to quash FIR dismissed; arrest of petitioners no. 5, 6, and 7 stayed pending police report submission upon cooperation.

Asif and 6 Others Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10481 of 2020

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Petitioner :- Asif And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Pandey Counsel for Respondent :- G.A.,Raj Kumar Singh,Sandeep Kumar Dubey

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Hon'ble Manoj Misra,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard learned counsel for the petitioners; learned A.G.A. for respondents no.1, and 2; Sri Raj Kumar Singh, learned counsel for the informant; and perused the record.

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The instant petition seeks quashing of the F.I.R. dated 06.12.2019 registered as Case Crime No.113 of 2019, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Buland Shahar.

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The contention of the learned counsel for the petitioners is that the entire family of the husband has been implicated by levelling general allegations against all and even married Nanad and Chachiya Sasur have been implicated who have no concern with the alleged demand of dowry.

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On 08.10.2020, the court had required the learned A.G.A. to obtain instructions as to whether the victim has suffered any injury.

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Learned A.G.A. has produced the copy of the injury report which discloses that the victim was examined for her injuries and injuries were found on her body..

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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 submits that the some protection be accorded to petitioners no.5, 6 and 7 who are married Nand, Nandoi and Chachiya Sasur of the victim.

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Considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that in so far as the petitioners no.5, 6 and 7 are not concerned, the investigation against them shall continue and brought to its logical conclusion, they shall not be arrested in the aforesaid case till submission of police report under Section 173 (2) CrPC. provided they co-operate in the investigation. The petition of petitioners no.1, 2, 3 and 4 is dismissed without prejudice to their right to apply for bail.

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Order Date :- 19.10.2020

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Krishna*

Asif and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Asif and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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