Amit Kushwaha and 6 Others Vs State of U.P. through… — Dowry and Cruelty | Allahabad HC (2025)

Amit Kushwaha and 6 Others Vs State of U.P. through… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim restraint on arrest of the petitioners pursuant to the impugned F.I.R., conditional on their co-operation in the ongoing investigation and effective till the next date of listing or till submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier; matter retained for further consideration (notice to respondent no.4; counter and rejoinder affidavits; list thereafter).

Issue for consideration

Whether the F.I.R. dated 24.11.2024 (Case Crime No.0036 of 2024) registered against the petitioners in the matrimonial-dispute context should be quashed, given the claimed settlement between the parties dated 07.10.2024. +1 more

Court's answer

This Court observed that 'The matter requires consideration', i.e., the writ petition was taken up for further adjudication rather than dismissed or finally decided at this sitting.

Ratio / Principle

As interim relief, the respondents were restrained from arresting the petitioners pursuant to the impugned F.I.R., subject to their co-operation in the ongoing investigation, till the next date of listing or till submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier.

Key takeaways

Notice was ordered to respondent no.4, returnable at an early date, with steps to be taken within a week.¶9
All respondents were called upon to file counter affidavits within six weeks, the petitioner having two weeks thereafter to file rejoinder affidavits.¶10

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 42), Criminal Misc. Writ Petition No. 23949 of 2024, order dated 9.1.2025 (Mahesh Chandra Tripathi and Prashant Kumar, JJ.). Petitioners (Amit Kushwaha and 6 others) sought quashing of the F.I.R. dated 24.11.2024 (Case Crime No.0036 of 2024, under Sections 85, 115(2), 352, 351(2) of B.N.S. and Section 3/4 of D.P. Act 1961, P.S. Mahila Thana, Kashi Commissionerate, District-Varanasi) together with protection from arrest. Counsel contended that the underlying matrimonial dispute stood settled through mutual negotiation vide agreement dated 07.10.2024 (Annexure-3), wherein the husband was to pay Rs.2,20,000/-; a cheque dated 10.10.2024 bearing no.042927 was also annexed; petitioner no.1 had earlier applied under Section 9 of the Hindu Marriage Act for restitution of conjugal rights; reliance was urged on Dara Lakshmi Narayana and others v. State of Telangana and another, 2024 (12) SCR 559: 2024 INSC 953. This Court held that the matter requires consideration: notice was ordered to respondent no.4 returnable at an early date (steps within a week); respondents were to file counter affidavits within six weeks and the petitioner rejoinder affidavits two weeks thereafter; and, as interim relief till the next date of listing or submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, the respondents were restrained from arresting the petitioners pursuant to the impugned F.I.R., subject to their co-operation in the ongoing investigation.

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 23949 of 2024

Petitioner :- Amit Kushwaha And 6 Others Respondent :- State Of U.P. Through Secretary, Ministry Of Home, Lucknow, U.P. And 3 Others Counsel for Petitioner :- Dr. Vishnu Pandey, Manjeet Tripathi Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.

The relief sought in this petition is for quashing of the F.I.R. dated 24.11.2024 registered as Case Crime No.0036 of 2024, under Sections 85, 115(2), 352, 351(2) of B.N.S., Section 3/4 of D.P. Act 1961, P.S. Mahila Thana, Kashi Commissionerate, District-Varanasi. Further prayer has been made not to arrest the petitioners in the aforesaid case.

Learned counsel for the petitioners vehemently contended that there is matrimonial dispute and the parties have already settled the matter through mutual negotiation. Settlement agreement dated 07.10.2024 executed between the parties is also appended as Annexure-3 to this petition, wherein it was resolved and accorded that the husband would pay Rs.2,20,000/-. It is claimed that even earlier the petitioner no.1 had preferred an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights. He further submitted that once the parties have already resolved the matter amicably, instead of facilitating support by the I.O., certain allegations have also been levelled against the petitioners. Due to such action of the police officials, the matter could not be resolved. He further submitted that in abundance precaution a cheque dated 10.10.2024 bearing no.042927 has also been appended along with the instant writ petition. He further submitted that notice be issued to the informant so that cheque in terms of compromise, may also be handed over. In support of his submissions, he has placed reliance on the matter of Dara Lakshmi Narayana and others v. State of Telangana and another, 2024 (12) SCR 559: 2024 INSC 953 .

The matter requires consideration.

Issue notice to respondent no.4 returnable at an early date. Steps be taken within a week.

All the respondents may file counter affidavit within six weeks. Petitioner will have two weeks thereafter to file rejoinder affidavit.

7. List thereafter.

Till the next date of listing, or till submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the impugned F.I.R. subject to his co-operation in the ongoing investigation.

Order Date :- 9.1.2025 Manish Himwan

Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad