Dismissed

Huma v. State of U.P. and 3 Others

Allahabad HC21 Mar 2022CRLP/1950/2022

Case brief

AI extract

What is this about?

The High Court dismissed a criminal misc. writ petition seeking to quash an FIR involving alleged murder and matrimonial offences. The court held that mere status as an unmarried sister-in-law without a specific role is insufficient to quash the FIR where prima facie commission of a cognizable offence is disclosed.

What did the court decide?

Prayer for quashing of the First Information Report is declined; writ petition dismissed.

Huma Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2022)

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Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 1950 of 2022

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Petitioner :- Huma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.,Ainul Haq

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.

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Heard learned counsel for petitioner and learned AGA for the State.

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This petition has been filed with the prayer to quash the First Information Report in Case Crime No. 0114 of 2021, under Sections 498, 323, 376, 307, 506 I.P.C., 3/4 D.P. Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station - Shikarpur, District - Bulandshahr on the ground that the petitioner is unmarried sister-in-law and has not been assigned any specific role with regard to commissioning of the alleged offence.

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Learned AGA has opposed the writ petition.

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We have perused the First Information Report, which refers to attempt by the accused persons to sprinkle kerosene and making efforts to murder the lady. Injury report is also on record. Prima facie commissioning of cognizable offence is therefore, clearly, disclosed in the First Information Report. In above view, therefore, we would not be justified in interfering with the First Information Report only on the ground that the petitioner is an unmarried sister-in-law.

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Prayer for quashing the FIR is declined in view of the law laid down by Hon'ble Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 .

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The writ petition is, accordingly, dismissed .

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Dismissal of this writ petition will not preclude the petitioner from seeking remedy under Code of Criminal Procedure in accordance with law.

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Order Date :- 21.3.2022 Md Faisal

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Digitally signed by MOHD FAISAL Date: 2022.03.22 10:40:01 IST Reason: Location: High Court of Judicature at Allahabad

Huma v. State of U.P. and 3 Others

Case brief

What is this about?

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Huma v. State of U.P. and 3 Others

Case brief

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