Partly allowed

Lalit Mohan Dubey v. State of U P and 3 Others

Allahabad HC24 Aug 2020CRLP/7759/2020

Case brief

AI extract

What is this about?

This criminal writ petition sought quashing of an FIR under dowry and matrimonial dispute sections. The Bench directed that the petitioner not be arrested until the submission of the police report under section 173(2) CrPC, while directing cooperation with the investigation.

What did the court decide?

Direction that the petitioner shall not be arrested pending submission of the police report under section 173(2) CrPC, but must cooperate with investigation.

Lalit Mohan Dubey Vs State of U P and 3 Others — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7759 of 2020

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Petitioner :- Lalit Mohan Dubey Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajeev Sawhney Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.

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Heard Sri Rajeev Sawhney, learned counsel for the petitioner, Mrs. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 07.07.2019, registered as Case Crime No.286 of 2019 under Sections 498A, 323, 506 IPC & 3/4 Dowry Prohibition Act, Police Station Fatehabad, District Agra.

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Learned counsel for the petitioner submits that the petitioner is husband of respondent no.4 and the matrimonial dispute arose between the parties on account of which the impugned FIR has been lodged. It has been contended that the parents of the petitioner were also accused in the present aforesaid FIR and they have also been earlier challenged the said FIR in Criminal Misc. Writ Petition No.7388 of 2020, Criminal Misc. Writ Petition No.7266 of 2020 and Criminal Misc. Writ Petition No.7451 of 2020 wherein the arrest of the parents of the petitioner was stayed. The impugned FIR has been lodged by the wife of the petitioner roping the entire family of her husband containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being

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tortured and maltreated by them in her matrimonial home. Hence the impugned FIR is liable to be quashed.

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Learned A.G.A. opposed the prayer for quashing of the F.I.R.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, namely, Lalit Mohan Dubey shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any before the competent Court, but shall co-operate with the investigation of the case.

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With the above direction, this petition is finally disposed of.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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(Ajit Singh,J) (Ramesh Sinha, J.)

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Order Date :- 24.8.2020 A. Dewal

Lalit Mohan Dubey v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Lalit Mohan Dubey v. State of U P and 3 Others

Case brief

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