Dismissed

Harun and 5 Others v. State of U.P. and 2 Others

Allahabad HC11 Oct 2023CRLP/16002/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of an FIR in a matrimonial dispute alleging false implication of the family. The Court held that contentions raising defence cannot be examined in a quashing petition and since the FIR disclosed serious cognizable offences, the prayer was misconceived and rejected.

What did the court decide?

Prayer to quash the First Information Report is dismissed. Petitioner remains free to apply for bail/anticipatory bail.

Harun and 5 Others Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195895-DB

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16002 of 2023 Petitioner :- Harun And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A.,Shravan Kumar Yadav

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.

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The instant writ petition seeks quashing of the FIR dated 13.09.2023 giving rise to Case Crime No.577 of 2023, under Sections 498A, 323, 307, 504, 506 I.P.C. and section 3/4 D.P. Act and section 3/4 the Muslim Women (Protection of Rights on Marriage), Act, 2019, Police Station- Koda, District- Ghaziabad (Trans Hindan Commissionerate, Ghaziabad).

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It is contended by learned counsel for the petitioners that in a matrimonial dispute, on the basis of general allegations, the entire family has been falsely implicated by means of the impugned FIR.

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Learned AGA has find out that the victim - informant has suffered as many as eight injuries including contusion all around the neck.

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Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are their defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

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Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioners to quash the First Information Report is completely misconceived and is rejected.

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The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.

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Order Date :- 11.10.2023 Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Harun and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Harun and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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