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Deependra Singh Tomar and 6 Others v. State of U.P. and 2 Others

Allahabad HC17 Jul 2023CRLP/4655/2023

Case brief

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What is this about?

Single Judge disposed of a criminal miscellaneous writ petition seeking quashing of an FIR under Sections 498A, 323, 504, 506 IPC and D.P. Act, and prohibition of arrest. The Court applied guidelines from Arnesh Kumar and Satendra Kumar Antil, noting offences are punishable up to seven years, and disposed of the petition accordingly.

What did the court decide?

The instant petition disposed of in terms of the judgments noted above, quashing the proceedings and prohibiting arrest.

Deependra Singh Tomar and 6 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:140842-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4655 of 2023

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Petitioner :- Deependra Singh Tomar And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Pundir Counsel for Respondent :- G.A.,Raghav Ram

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Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.

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Heard Sri Gaurav Pundir, learned counsel for the petitioners, Sri Raghav Ram, learned counsel appearing for the informant and Sri Vibhav Ojha, learned A.G.A. for State respondents.

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Vide order dated 19.4.2023 the matter was referred to Mediation Centre, however, as per Mediation Centre report dated 31.5.2023 the mediation proceedings completed but no agreement was made, therefore, we proceed to consider the matter on merits.

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This writ petition has been filed for quashing the impugned First Information Report dated 29.1.2023 registered as Case Crime No. 47 of 2023, under Sections 498A, 323, 504, 506 I.P.C and Section 3/4 of D.P. Act, P.S. Sipri Bazar, District Jhansi. Further prayer has been made not to arrest the petitioner in the aforesaid case.

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The submission is that all alleged offences are punishable with imprisonment upto seven years, therefore, the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioner has been wrongly implicated and could not be arrested. Reliance has been placed on the judgment of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and in Satendra Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 and Co-ordinate Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 2021 (2) ACR 1147 .

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We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgment are equally applicable to the facts of the instance case.

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Accordingly, the instant petition also stands disposed of in terms of the judgments noted above.

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Order Date :- 17.7.2023 Lalit Shukla

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Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad

Deependra Singh Tomar and 6 Others v. State of U.P. and 2 Others

Case brief

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Deependra Singh Tomar and 6 Others v. State of U.P. and 2 Others

Case brief

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