Court quashes FIR lodged in matrimonial dispute, directing respondents not to arrest petitioners until completion of investigation under Section 173(2) CrPC, provided petitioners cooperate.
Direction to respondents not to arrest petitioners until submission of Section 173(2) CrPC report
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2859 of 2020 Petitioner :- Shabnam @ Guddi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State of U.P.
The instant petition has been filed by the petitioners for the quashing of the first information report dated 26.01.2020, registered as Case Crime No. 20 of 2020, under Sections 498A, 307, 323, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Akrabad, District Aligarh.
We have gone through the allegations made in the first information report and are satisfied that the allegations made therein are sufficient to constitute a cognizable offence but the allegations against the family members are of general nature.
Looking to the fact that the impugned first information report has been lodged out of a matrimonial dispute and all the family members of the husband have been involved, we dispose of the writ petition with direction to the respondents not to arrest the petitioners who are relatives of the husband in pursuance to the impugned first information report, till the submission of the report under Section 173(2) Cr.P.C., provided that all the petitioners cooperate and participate in the investigation, which shall be completed most expeditiously.
Order Date :- 18.2.2020 sailesh
1 issue framed by the court
Whether the petitioners should be arrested in pursuance of the first information report lodged in a matrimonial dispute involving all family members of the husband.
3 provisions across 3 enactments
Shabnam @ Guddi And 4 Others
State Of U.P. And 2 Others
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
