Remanded

Ashraful Nisha Thru. Natural Guardian Ali Hasan and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC20 Mar 2024CRLP/1917/2024

Case brief

AI extract

What is this about?

The court held that due to the matrimonial genesis of the dispute and prior disowning of the husband, police must not arrest petitioners nos. 2 to 5 until a report under Section 173 (2) Cr.P.C. is filed. The supervisory authority was directed to examine the offence.

What did the court decide?

Petitioners nos. 2 to 5 shall not be arrested till the police report is filed under Section 173 (2) Cr.P.C.

Ashraful Nisha Thru. Natural Guardian Ali Hasan and… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1917 of 2024

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Petitioner :- Ashraful Nisha Thru. Natural Guardian Ali Hasan And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ruchir Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard.

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By means of this petition the petitioners have challenged FIR dated 19.10.2023 bearing case Crime No. 190 of 2023 under Sections 498-A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act registered at Police Station Shivratanganj, District Amethi.

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Learned AGA says that the names of petitioners no. 1, 6 and 7 have been dropped and a charge-sheet has been prepared and sent to the Supervisory Authority against others.

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However, considering the assertions of the petitioners' counsel that the genesis of the impugned FIR is a matrimonial dispute and the remaining petitioners i.e. petitioners no.2 to 5 are father-in-law, mother-in-law and their sons and daughters and the parents of the husband of informant had already disowned him way-back on 19.12.2019 and publication in this regard had been made in the newspaper copy of which is annexed with the writ petition along with an affidavit in this regard, therefore, this is not a case where the criminal prosecution should be taken against the petitioners aforesaid, especially as the marriage took place in the year 2013 and the FIR has been lodged on 19.10.2023 that too after four months of the alleged incident which is said to have taken place on 09.06.2023 after due deliberation and consultation only to harass the family members, hence this petition, therefore, we are of the opinion that till police report is filed under Section 173 (2) Cr.P.C., the petitioners no. 2 to 5 shall not be arrested on the basis of the impugned FIR. The Supervisory Authority shall look into the matter as to how far the offence is made out.

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Let notice be issued to opposite party no. 4.

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Let pleadings be exchanged within eight weeks.

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List thereafter.

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It is made clear that in the event the charge-sheet is filed in the Court against petitioners no. 2 to 5, then, the benefit of this order shall seize to available to them and it shall be open for them to pursue other remedies as may be prescribed in law.

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[Narendra Kumar Johari, J.] [Rajan Roy, J.]

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Order Date :- 20.3.2024 Santosh/-

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Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ashraful Nisha Thru. Natural Guardian Ali Hasan and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

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Ashraful Nisha Thru. Natural Guardian Ali Hasan and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

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