Disposed

Rahul and 2 Others v. State of U P and 2 Others

Allahabad HC18 Jun 2020CRLP/5772/2020

Case brief

AI extract

What is this about?

In a writ petition seeking quashing of an FIR involving sections 498-A, 376 and others, the Court, dismissing the request to quash, granted a stay on the arrest of the petitioners pending the submission of the police report under Section 173(2) Cr.P.C., provided they do not interfere with the investigation.

What did the court decide?

Stay on arrest of petitioners till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in investigation and do not interfere with evidence.

Rahul and 2 Others Vs State of U P and 2 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 50

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5772 of 2020

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Petitioner :- Rahul And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.

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This petition under Article 226 of the Constitution of India has been filed by Rahul- husband, Smt. Bali and Rajan @ Akash Kumar (minor)- brother-in-law (devar) with a prayer for issuing a writ of certiorari thereby quashing the first information report registered as case crime no.171 of 2020, under sections 498-A, 376, 511, 307, 315, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, police station -Shahpur, District- Muzaffar Nagar.

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Learned counsel for the petitioners argued that it was a case of love marriage and petitioner no.1- Rahul with respondent no.3Smt. Arti Devi had filed a petition before this Court admitting the fact of marriage in between owing to free will and consent because of being major and this Court in Writ-C No.12830 of 2019 (Arti Devi and Another Vs. State of U.P. and 2 others) had granted protection vide order dated 12.04.2019. Subsequently, this false accusation was got lodged wherein there is no medical report mentioning any injury to informant nor it was occurred. Petitioner no.3- Rajan @ Akash Kumar is minor. Petitioner no.2- Smt. Arti Devi is of no concern but this case was got registered just to harass the entire family. Hence, this petition with above prayer.

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Learned A.G.A. vehemently opposed this petition with the contention that F.I.R. reveals the accusation.

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Having heard learned counsel for both sides and gone through material placed on record, it is apparent that occurrence is said to have been taken place on 11.05.2020. It has also been written in F.I.R. that complaint was made on dial 112, police had rushed on spot even after that no report was got lodged nor it was complained to father of informant and this F.I.R. for same occurrence was got lodged on 18.05.2020.

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Under all above facts and circumstances, there seems to be ground for staying the arrest in this very case crime number, till submission of police report under Section 173 (2) of Cr.P.C. For

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rest of relief prayed, this petition merits its dismissal.

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Accordingly, this writ petition is finally disposed of with above direction that petitioners Rahul, Smt. Bali and Rajan @ Akash Kumar be not arrested in the above-mentioned case till submission of report under Section 173(2) Cr.P.C. provided the petitioners cooperate in investigation and do not interfere or temper with evidence.

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Order Date :- 18.6.2020 Radhika

Rahul and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Rahul and 2 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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