Dismissed

Usmaan Khan v. State of U.P. and 3 Others

Allahabad HC1 Oct 2021CRLP/7519/2021

Case brief

AI extract

What is this about?

A criminal miscellaneous writ petition filed jointly by the petitioner and the female informant regarding domestic disputes arising from matrimonial issues. The police had submitted a final report. The petitioners claimed the dispute was settled, the matter is resolved outside court, and they are now living together. The court found no reason to further adjourn and dismissed the petition as infruc

What the court decided

AI extract

Usmaan Khan Vs State of U.P. and 3 Others — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7519 of 2021

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Petitioner :- Usmaan Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushpendra Singh,Wahid Jamal Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.

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This writ petition has been filed praying for the following reliefs:-

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" (i) Issue a writ order or direction in the nature of certiorari quash the impugned F.I.R. dated 03.02.2021.

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(ii) To issue a writ order or direction in the nature of mandamus directing to the respondents stay to arrest the petitioner in case crime no. 0030 of 2021 under sections - 498-A, 323, 377, 504, 506 of I.P.C. and 3/4 of D.P. Act and 3/4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Narsena, District- Bulandshahr, during the pendency of this present writ petition before this Hon'ble Court.

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(iii) Allow the writ petition with cost in favor of the petitioners."

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The present writ petition is being filed by a joint affidavit of the petitioner and the informant/ respondent no.4. In paragraph nos. 14 to 20 of the writ petition the petitioner and the respondent no.4 have jointly stated as under :

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"14. That now the matter has been settled due to interference of the respected persons of the society and at present petitioner and respondent no.4 is living together as husband and wife.

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15. That at present petitioner and respondent no.4 is living together as husband and wife in Lucknow because now petitioner has a new job in Lucknow.

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16. That now the respondent no.4 does not wants to take any action against the petitioner and other named co accused and she is filing her joint affidavit in present writ petition.

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17. That because present matter is a matrimonial dispute and now the matter has been settled through compromise outside of court and respondent no.4 does not wants further proceedings against the petitioner and other named co accused but investigating officer is continuously harassing to the petitioner and other named co accused for surrender

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before him.

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18. That the respondent no.4 went many times near the investigating officer and told him that now the matter has been settled through compromise and now she does not want further proceed the present matter but investigating officer is continuously harassing the petitioner and other named co accused.

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19. That now respondent no.4 and petitioner is living together as husband and wife and all dispute has been end pending between them.

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20. That the punishment provided in above mentioned offence is below from seven years but concern police is trying to arrest the petitioner without giving notice under section 41-A of Cr.P.C."

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Learned A.G.A. states on instructions that a final report has been submitted by the police in the matter on 31.3.2021.

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In view of the aforesaid, we do not find any good reason to pass any further order.

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The writ petition has become infructuous and is, therefore, dismissed as infructuous.

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It is made clear that we have not expressed any opinion on the merits of the case.

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Order Date :- 1.10.2021 shiv

Usmaan Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

Usmaan Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

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