The High Court declined the prayer to quash the FIR in a matrimonial dispute involving cruelty and torture. Mediation failed, and since offences were prima facie disclosed, the matter was consigned to records for criminal trial.
Prayer to quash the First Information Report is declined; the petition is consigned to records.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 485 of 2020
Petitioner :- Sanjay Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Dhar Yadav Counsel for Respondent :- G.A.,Ripu Soodan Yadav,Shailendra Kumar Yadav,Sunil Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
This writ petition has been filed challenging the first information report dated 10.7.2019, registered as Case Crime No.0251 of 2019, under Sections 316, 323, 504, 506, 380, 406 and 427 IPC Police Station Bhadohi, District Bhadohi in which allegations of cruelty are made and causing physical injury to the victim, which resulted in her abortion. Various other allegations are also made with regard to torturing the victim.
The writ petition was initially entertained on the plea that parties can resolve their differences by way of mediation. Since the dispute was essentially a matrimonial dispute, interim protection was granted against any coercive action against the petitioner, in the meantime. Report has now been submitted by the mediation centre as per which the medication has failed. We are, therefore, required to examine the challenge laid to the F.I.R. on merits.
We have heard learned counsel for the parties and perused the materials on record.
The F.I.R. contains specific allegation with regard to torture and cruelty to the wife as also taking away her belongings, which prima-facie disclose commissioning of cognizable offence. Once that be so, we would not be justified in examining the defence of the petitioner or considering the correctness of the first information report, at the first instance 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.
Prayer made to quash the first information report is, therefore, declined.
Leaving it open for the petitioner to pursue the appropriate
remedy in the Code of Criminal Procedure, this petition is consigned to records.
Order Date :- 3.3.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.03.03 18:00:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the prayer to quash the FIR can be allowed at this stage given the prima facie disclosure of cognizable offences and failure of mediation.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniReferred¶8
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¶8
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 · Who else cites this
Sanjay Yadav
State Of U.P.
Ashwani Kumar Mishra
Rajnesh Kumar
As recorded by the court registry
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