Partly allowed

Maharam and 4 Others v. State of U.P. and 2 Others

Allahabad HC23 Jun 2020CRLP/6147/2020

Case brief

AI extract

What is this about?

Court disposed of a writ petition seeking quashing of an FIR for dowry and cruelty. Granted interim relief from arrest contingent upon petitioner cooperation with investigation rather than quashing the report.

What did the court decide?

Relief of no arrest granted to petitioners provided they cooperate with investigation and do not interfere with evidence; petition quashed only regarding this interim order.

Maharam and 4 Others Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 50

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6147 of 2020

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Petitioner :- Maharam And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Singh Counsel for Respondent :- G.A.,Jitendra Kumar Mishra

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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 Maharam (Father-in-Law), smt. Vasudha Devi (Moher-in-Law), Mahipal (Chachiya Sasur), Mahaveer (Chachiya Sasur) and Chhaviram (Mamiya Sasur) with a prayer for issuance of writ of certiorari quashing the first information report registered as case crime no. 191 of 2020, under sections 498A, 323,506 IPC and 3/4 Dowry Prohibition Act, Police Station Fatehgarh Kotwali, District Fatehgarh.

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Learned counsel for the petitioners argued that these petitioners are remotely related with husband of informant. They are having no concern with the affair of husband. No specific date of occurrence nor any medico legal report of any nature is there; general allegations of demand of dowry and cruelty with regard to it has been levelled against each member of family as well as remotely related persons; it is an abuse of process of law, hence this petition with the above prayer.

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Learned counsel for the informant as well as learned A.G.A. has vehemently opposed with this contention that there had been admission for mediation between the parties but the petitioners are not cooperating in it.

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Having heard learned counsel for both the sides and gone through the First Information Report it is apparent that all the petitioners have been implicated with general allegations of demand of dowry and cruelty regarding it. Some mediation proceeding was in process among the husband and informant, hence till submission of police report under Section 173 (2) of Cr.P.C. relief for no arrest, in this very case crime number, is to be granted provided petitioners cooperate with investigation and they do not interfere with the evidence.

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Accordingly, this writ petition is finally disposed of.

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Order Date :- 23.6.2020 Deepak/

Maharam and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Maharam and 4 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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