The High Court dismissed the writ petition for quashing the FIR, holding that prima facie allegations of a cognizable offence and injuries prevent quashing at this stage, citing Supreme Court precedents.
Quashing of the FIR is declined and the writ petition is dismissed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3498 of 2022
Petitioner :- Akash And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pravin Kumar Counsel for Respondent :- G.A
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Since the prima facie allegations with regard to commissioning of cognizable offence is clearly disclosed in the First Information Report, we would not be justified in entertaining the writ petition for quashing the FIR at this stage only on the ground that there are civil dispute between the parties. The allegations in the FIR are that the accused persons entered the house and took away various gold items and cash etc. and also misbehaved with the lady. Whether allegations are correct or not would require determination during the investigation. Injuries are also said to have been caused to the husband of the informant. Therefore prayer to quash the FIR is declined in view of the law laid down by the 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 .
Leaving it open to the petitioners to seek appropriate protection under the Code of Criminal Procedure, the writ petition is dismissed .
Order Date :- 5.4.2022 Md Faisal
Digitally signed by MOHD FAISAL Date: 2022.04.06 16:46:22 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition for quashing the FIR can be entertained given prima facie allegations of cognizable offence and civil dispute.
Whether allegations of entry, theft, and injury justify letting the matter go through investigation stages.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniReferred¶5
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. Vs.State of Maharashtra and othersReferred¶5
Neeharika Infrastructure Pvt. Ltd. Vs.State of Maharashtra and others; (2021) SCC Online SC 315 · Who else cites this
Akash And 6 Others
State Of U.P. And 3 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
