Haripal and Another vs State of Uttar Pradesh and 2 Others — Allahabad HC (2025) — LawSathi Research

Haripal and Another vs State of Uttar Pradesh and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: till the next date of listing or till submission of police report, whichever is earlier, no coercive action against the petitioners pursuant to the impugned FIR; notice to respondent no. 3; counter affidavits within three weeks; rejoinder affidavit, if any, within two weeks thereafter; petition to be listed on the date indicated in the notice.

Issue for consideration

Whether the First Information Report dated 7.7.2025, registered as Case Crime No. 300 of 2025 under Sections 115(2), 352, 85, 64 B.N.S., 2023 and Section 3/4 D.P. Act, should be quashed. +1 more

Court's answer

The court held that the matter requires consideration and adjourned it: notice to respondent no. 3, counter affidavits by the respondents within three weeks, rejoinder affidavit if any within two weeks thereafter, and listing on the date indicated in the notice.

Ratio / Principle

Till the next date of listing or till submission of police report, whichever is earlier, no coercive action shall be taken against the petitioners pursuant to the impugned first information report.

Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Abdul Shahid, JJ.), interim order dated 19.8.2025 in Criminal Misc. Writ Petition No. 16070 of 2025 (Haripal and Another v. State of Uttar Pradesh and others): the petition seeks quashing of the FIR dated 7.7.2025, Case Crime No. 300 of 2025, Police Station Shahi, District Bareilly, registered under Sections 115(2), 352, 85, 64 B.N.S., 2023 and Section 3/4 D.P. Act. Counsel contended that an earlier FIR of 6.5.2025 had already alleged cruelty etc. against the husband, mother-in-law, nanad, nandoi and another close-relative, that the entire family was being embroiled in the matrimonial dispute between husband and wife, and that the Section 64 B.N.S. allegation of 27.4.2025 was not disclosed in the earlier FIR. The court held the matter requires consideration, issued notice to respondent no. 3, permitted counter affidavits within three weeks and rejoinder affidavit within two weeks thereafter, and directed that till the next date of listing or till submission of police report, whichever is earlier, no coercive action shall be taken against the petitioners pursuant to the impugned FIR.

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 16070 of 2025

Petitioner :- Haripal And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Karunesh Narayan Tripathi Counsel for Respondent :- G.A.

Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J.

Heard learned counsel for the petitioners and learned AGA for the State.

This writ petition has been filed seeking the quashing of the First Information Report dated 7.7.2025 registered as Case Crime No. 300 of 2025, under Sections 115(2), 352, 85, 64 B.N.S., 2023 and Section 3/4 D.P. Act, Police Station - Shahi, District - Bareilly.

Contention of the learned counsel for the petitioners is that the first informant had to begin with lodged a first information report on 6.5.2025 in which she had alleged cruelty etc. vis-a-vis husband, mother-in-law, nanad, nandoi and another close-relative. However, the instant FIR has now been lodged on 7.7.2025 in which along with husband and mother-in-law, the petitioners have also been implicated. Learned counsel for the petitioners states that the entire family was being embroiled in the matrimonial dispute between the husband and wife for no reason whatsoever. Learned counsel for the petitioners states even the allegation vis-a-vis Section 64 of B.N.S. was alleged to had been committed on 27.4.2025, but that fact was not disclosed in the FIR dated 6.5.2025.

4. Matter requires consideration.

The respondents no. 1 and 2 are represented by the learned

AGA.

Issue notice to the respondent no. 3.

The respondents may file counter affidavits within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks, thereafter.

List on the date indicated in the notice.

Till the next date of listing or till submission of police report, whichever is earlier, no coercive action shall be taken against the petitioners pursuant to the aforesaid impugned first information report.

Order Date :- 19.8.2025 LN Tripathi

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