Disposed

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

Allahabad HC26 Aug 2020CRLP/8271/2020

Case brief

AI extract

What is this about?

The High Court declined to quash an FIR under Sections 498A IPC and Section 3/4 D.P. Act disclosing a cognizable offence. Instead, the court directed continuation of the investigation while granting a stay on the arrest of the petitioners until the police report under Section 173 CrPC is submitted, contingent on their cooperation.

What did the court decide?

Continuation of investigation directed; stay on arrest of petitioners till submission of police report under Section 173 CrPC, subject to cooperation.

Sumit and 4 Others Vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2020)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8271 of 2020

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Petitioner :- Sumit And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Pal Singh Chauhan Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.

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Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 06.06.2020 registered as Case Crime No. 0178 of 2020 at P.S. Dhampur, District- Bijnor, under Sections 498A I.P.C. and section 3/4 D.P. Act.

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The contention of the learned counsel for the petitioners is that although the allegations may disclose commission of cognizable offence but the allegations are false and the reason for lodging the first information report is to exert pressure on the entire family of the husband to extract a favourable settlement. It has been submitted that the marriage is of the year 2015 and, now, on account of differences, false first information report has been lodged.

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Be that as it may, as the allegations disclose commission of cognizable offence the matter would have to be investigated and therefore the prayer of the petitioners to quash the first information report cannot be accepted.

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However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested in the above case till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.

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Order Date :- 26.8.2020 Sunil Kr Tiwari

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Digitally signed by Justice Manoj Digitally signed by Justice Anil Misra Kumar Date: 2020.08.27 17:19:26 IST Date: 2020.08.27 17:23:38 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

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

Case brief

What is this about?

What did the court decide?

Sumit 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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