Manoj Kumar Gupta @ Manoj and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Allahabad HC8 Jul 2024CRLP/2024/2024

Case brief

AI extract

What is this about?

Family members of a husband sought quashing of an FIR under dowry and cruelty provisions, arguing allegations absent from the wife's own divorce proceedings and lodged belatedly to harass them. Without quashing, the Court issued notice, sought counter affidavits, and directed that petitioners shall not be arrested unless sufficient cogent evidence emerges.

What did the court decide?

Interim protection from arrest for petitioners in Case Crime No. 0040 of 2024 unless sufficient cogent evidence emerges; investigation to continue; counter affidavit within six weeks.

Manoj Kumar Gupta @ Manoj and Others vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 9

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

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Petitioner :- Manoj Kumar Gupta @ Manoj And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others Counsel for Petitioner :- Ganesh Kumar Gupta 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 Shri Ganesh Kumar Gupta, learned counsel for the petitioners and learned A.G.A. for the State.

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The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0040 of 2024, under Sections 498-A, 315, 354, 354-B, 323 IPC and 3/4 DP Act, Police Station- Gudamba, District- Lucknow.

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The contention of the petitioners' counsel is that F.I.R. is an absolutely tutored one which has been lodged after due deliberation and consultation only to harass the family members and the petitioners herein are the mother-in-law, brother-in-law and sister-in-law and the F.I.R. mentions about incident of 2021 and prior to it but has been lodged only on 02.02.2024 on an application submitted on 14.09.2023 and the allegations therein of demand of dowry and cruelty etc. do not find mention in the proceedings initiated by the opposite party no. 4 for divorce against her husband under Section 13 of Hindu Marriage Act, 1955 and entirely a concocted story has been mentioned in the F.I.R. with malicious intent, therefore, the F.I.R. is required to be quashed.

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Issue notice to the opposite party no. 4.

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Let counter affidavit be filed by opposite parties within a period of six weeks.

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Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List thereafter.

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Considering the contention of the petitioners' counsel that F.I.R. is an absolutely tutored one which has been lodged after due deliberation and consultation only to harass the family members and the petitioners herein are the mother-in-law, brother-in-law and sister-in-law and the F.I.R. mentions about incident of 2021 and prior to it but has been lodged only on 02.02.2024 on an application submitted on 14.09.2023 and the allegations therein

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of demand of dowry and cruelty etc. do not find mention in the proceedings initiated by the opposite party no. 4 for divorce against her husband under Section 13 of Hindu Marriage Act, 1955 and entirely a concocted story has been mentioned in the F.I.R. with malicious intent, which we, prima facie, find to be acceptable at least at this stage, therefore, it is provided that the petitioners shall not be arrested in Case Crime 0040 of 2024, under Sections 498-A, 315, 354, 354-B, 323 IPC and 3/4 DP Act, Police Station- Gudamba, District- Lucknow, unless there is sufficient and cogent evidence available against the petitioners indicating commission of any offence by them as alleged in the impugned FIR.

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The investigation shall go on and shall be concluded at the earliest.

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The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called.

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(Narendra Kumar Johari,J.) (Rajan Roy,J.)

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Order Date :- 20.3.2024 R.K.P.

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

Manoj Kumar Gupta @ Manoj and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

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Manoj Kumar Gupta @ Manoj and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

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