Disposed

Dinesh Kumar @ Raju Gupta and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Allahabad HC4 Jun 2024CRLP/3954/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging dowry harassment. After considering submissions regarding a pending family court petition and willingness to reconcile, the Court referred the matter to the Mediation and Conciliation Centre, granted non-arrest, and fixed a deposit requirement.

What did the court decide?

Matter referred to Mediation and Conciliation Centre; petitioners imposed a deposit of Rs. 25,000; interim order restraining arrest.

Dinesh Kumar @ Raju Gupta and Others vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 2

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3954 of 2024

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Petitioner :- Dinesh Kumar @ Raju Gupta And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Jyoti Rajpoot,Vijay Prakash Chaurasia Counsel for Respondent :- G.A.

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Hon'ble Jaspreet Singh,J. Hon'ble Ram Manohar Narayan Mishra,J.

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1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the record.

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2. By means of the instant petition, the petitioners have sought quashing of the FIR dated 16.03.2014 bearing FIR No.0101 of 2014 under Sections 498A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Sarojini Nagar, Lucknow.

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3. Submission of the learned counsel for the petitioners is that the complainant has filed a false FIR against the petitioner Nos.1 to 7 who all are her family members. It is alleged that the allegations are false inasmuch as the incident is said to have occurred on 01.07.2023 whereas on the very next day, the petitioner No.1 had bought a phone for the private respondent No.3. Certain photographs are on record indicating that the victim was with the petitioners on 03.07.2024 and their relations were cordial but on account of some misunderstanding, private respondent No.3 has lodged the FIR to put undue pressure on the petitioner No.1 and his family members.

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4. It is pointed out that the petitioner No.1 has already filed a petition under Section 9 of the Hindu Marriage Act before Principal Judge, Family Court, District Bulandshahr. The petitioner No.1 is willing to stay with respondent No.3 and it has also been suggested that since the petitioner No.1 is working in the Border Security Force and is posted at Rajasthan, it would be appropriate if the matter is referred to the Mediation and Conciliation Centre of this Court where the parties may settle the dispute.

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5. Having considered the aforesaid material on record and submission

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of the learned counsel for the petitioners, this Court is of the view that it would be appropriate to refer the matter to the Mediation and Conciliation Center of this court.

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6 . Accordingly, for the aforesaid purpose, let notice be issued to respondent No.3.

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Steps to be taken within a period of one week.

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7. List this case on 15.07.2024.

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8. The petitioners shall deposit a sum of Rs.25,000/- with the Mediation and Conciliation Centre of this Court on or before the next date to ascertain the bonafide.

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9. As an interim measure, till the next date of listing it is provided that the petitioners shall not be arrested.

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Order Date :- 4.6.2024

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Dinesh Kumar @ Raju Gupta and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Case brief

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Dinesh Kumar @ Raju Gupta and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Case brief

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