Disposed¶16

Sachin Kumar and 4 Others v. State of U.P. and 2 Others

Allahabad HC15 Sept 2025CRLP/19842/2025

Case brief

AI extract

What is this about?

Quashing of FIR; interim protection from arrest; Case Crime No. 342 of 2025; Sections 123, 69, 85, 64, 115(2), 351(3) BNS 2023; Sections 3/4 D.P. Act; earlier FIR under Sections 498A, 323, 504, 506 IPC; Police Station Thakurdwara, District Moradabad; counter affidavit within three weeks; rejoinder within two weeks; no arrest till next listing or police report subject to co-operation in investigation; writ petition pending before Allahabad High Court.

What did the court decide?

Interim order only; petition pending. Petitioners not to be arrested pursuant to the impugned FIR till the next date of listing or till submission of police report, whichever is earlier, subject to co-operation in investigation; respondents granted three weeks to file counter affidavits and two weeks thereafter for rejoinder. ¶16

Sachin Kumar and 4 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the First Information Report dated 19.8.2025 registered as Case Crime No. 342 of 2025 under Sections 123, 69, 85, 64, 115(2) and 351(3) B.N.S., 2023 and 3/4 of D.P. Act, Police Station Thakurdwara, District Moradabad, should be quashed.

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Court's answer

Interim protection: till the next date of listing or till submission of police report, whichever is earlier, the petitioners shall not be arrested pursuant to the impugned FIR, subject to their co-operation in the investigation; in the event they do not co-operate, the police may approach the Court.

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Ratio / Principle

The respondents may file their counter affidavits within three weeks; rejoinder affidavit, if any, may be filed within two weeks thereafter.

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Detailed headnote1 paragraphs

Allahabad High Court (Siddhartha Varma and Abdul Shahid, JJ.), by order dated September 15, 2025 in Criminal Misc. Writ Petition No. 19842 of 2025 (Sachin Kumar and 4 Others v. State of U.P. and 2 Others), entertained a petition seeking quashing of the FIR dated 19.8.2025 registered as Case Crime No. 342 of 2025 under Sections 123, 69, 85, 64, 115(2) and 351(3) B.N.S., 2023 and 3/4 of D.P. Act, Police Station Thakurdwara, District Moradabad. Petitioners contended that the private respondent had earlier lodged an FIR under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act treating herself as the wife of petitioner no.1, and that the present proceedings followed relations turning sour. The Court held the matter required consideration, directed the respondents to file counter affidavits within three weeks and rejoinders within two weeks thereafter, and granted interim protection: the petitioners shall not be arrested pursuant to the impugned FIR till the next date of listing or till submission of the police report, whichever is earlier, subject to their co-operation in the investigation, failing which the police may approach the Court.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 19842 of 2025

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Sachin Kumar And 4 Others

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.....Petitioner(s)

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State Of U.P. And 2 Others	Versus	.....Respondent(s)
Counsel for Petitioner(s)	: Abhay Prata Choudhary	p Singh, Amarjeet
Counsel for Respondent(s)	: G.A., Ramesh Kumar Shukla	Kumar Shukla, Vivek

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Court No. - 43

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HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J.

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Heard learned counsel for the petitioners, Sri Vivek Kumar Shukla, learned counsel for respondent no.3 and learned AGA for the State.

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This writ petition has been filed seeking the quashing of the First Information Report dated 19.8.2025 registered as Case Crime No. 342 of 2025, under Sections 123, 69, 85, 64, 115(2) and 351(3) B.N.S., 2023 and 3/4 of D.P. Act, Police Station - Thakurdwara, District - Moradabad.

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Contention of the learned counsel for the petitioners is that the petitioner and the first-informant were known for the past two years and that once the private respondent had also lodged a first information report treating herself to be the wife of the petitioner no.1, the FIR was lodged under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act. Learned counsel for the petitioners, therefore, submits that only when the relations now have gone sour, the proceedings are being undergone.

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Matter requires consideration.

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

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List this petition on the date fixed in the notice.

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CRLP No. 19842 of 2025

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¶16

Till the next date of listing or till submission of police report, whichever is earlier, the petitioners shall not be arrested pursuant to the aforesaid impugned first information report subject to their co-operation in the investigation. In the event, petitioners do not co-operate in the investigation, the police may approach this Court.

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(Abdul Shahid,J.) (Siddhartha Varma,J.)

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September 15, 2025 LN Tripathi

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

Sachin Kumar and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sachin Kumar and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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