Court refused to quash FIR in matrimonial dispute, held prima facie offences made out, but granted direction not to arrest petitioners until police report under Section 173(2) Cr.P.C.
FIR not quashed; investigation to continue; petitioners not to be arrested until police report submitted.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 9556 of 2020
Petitioner :- Ashish Kumar Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Heard Sri Ajay Sengar, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 15.2.2020, registered as Case Crime No.001/2020, under Sections 498-A/323/504/506 IPC and 3/4 of the D.P. Act, P.S. Mahila Thana, Jalaun.
Learned counsel for the petitioners submits that it's an offshoot of a matrimonial dispute, allegations are general in nature, it's a case of no injury, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner / s alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.10.2020 Chandra
3 issues framed by the court
Whether the FIR should be quashed prima facie.
Whether investigation should continue without arresting the petitioners.
Whether the petitioners are liable to be arrested during investigation.
7 provisions across 3 enactments
Ashish Kumar Gupta
State Of U.P.
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
