Smt. Kamini Verma v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and Others

Allahabad HC20 Dec 2024CRLP/9817/2024

Case brief

AI extract

What is this about?

A criminal miscellaneous writ petition seeking quashing of an FIR. The petitioner alleged false implication by in-laws to oust her from property post first husband's death. The court prima facie made out a case and granted an interim stay on arrest pending further proceedings.

What did the court decide?

Petitioner to not be arrested unless sufficient and credible evidence is available; notice issued to opposite party no. 4.

Smt. Kamini Verma vs State of U.P. Thru. Secy. Home Civil… — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 9817 of 2024

¶3

Petitioner :- Smt. Kamini Verma

¶4

Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And Others

¶5

Counsel for Petitioner :- Komal Prasad Tiwari Counsel for Respondent :- G.A.

¶6

Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶7

Heard.

¶8

By means of this petition, the petitioner has sought quashing of First Information Report dated 09.12.2024 bearing F.I.R. No.546 of 2024, under Section 108 of B.N.S., 2023 registered at Police Station Gosaiganj, District Lucknow.

¶9

The contention of the learned Counsel for the petitioner is that the petitioner has falsely implicated in the impugned F.I.R. According to the petitioner, the petitioner got married with complaint's son, namely, Bhupendra, about four years ago i.e. on 01.12.2020 and out of their wedlock, one baby girl has been born, who is now aged about one and half years. He states that the petitioner's husband has committed suicide, but after the death of her husband, her in-laws, in order to oust her from the property of her husband, has lodged the impugned F.I.R. alleging absolutely fraudulent and concocted allegations. He also states that the impugned F.I.R. has been lodged by petitioner's father-in-law against her with delay of one month. He, therefore, prays for protection.

¶10

On due consideration, prima facie, a case for consideration is made out

¶11

Issue notice to the opposite party no.4. Steps be taken within a week.

¶12

Office will submit service report on the basis of

¶13

computerized tracking report.

¶14

Let counter affidavit be filed within two weeks. Rejoinder affidavit may be filed within two weeks thereafter.

¶15

List after four weeks.

¶16

Considering the submissions made, it is provided that till the next date of listing, the petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against her. The petitioner shall, however, cooperate in the investigation and get her statement recorded before the Investigating Officer as and when she is called. If she do not do so then it can be made a ground for seeking vacation of this interim order.

¶17

(Om Prakash Shukla, J.) (Vivek Chaudhary, J.)

¶18

Order Date :- 20.12.2024 Ajit

¶19

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

Smt. Kamini Verma v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and Others

Case brief

What is this about?

What did the court decide?

Smt. Kamini Verma v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Atul Pratap Singh and Others vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Arvind Singh vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and 6 Others

Brajesh Kumar Awasthi, Advocate vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Others

Anjum Fatima Jafri Alias Anjum Fatima Ashraf vs State of U.P. Thru. Secy. Deptt. Home Lko. and 4 Others

Heeramani and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Mithlesh Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others