Allahabad High Court
Varun Dwivedi & Ors. vs State Of U.P. Thru Prin. ... on 16 June, 2021
Bench: Ramesh Sinha, Ved Prakash Vaish
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- MISC. BENCH No. - 10098 of 2021
Petitioner :- Varun Dwivedi & Ors.
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
Counsel for Petitioner :- Arvind Kumar Kanaujea,Saksham Mishra
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Ved Prakash Vaish,J.
The Court has convened through Video Conferencing.
Heard Sri Arvind Kumar Kanaujia, learned counsel for the petitioners and Ms. Ruhi Siddiqui, learned Additional Government Advocate for the State and perused the record.
The present writ petition has been filed by the petitioners, namely, Varun Dwivedi, Priyanka Shukla, Rakesh Dwivedi, for quashing the First Information Report dated 15.03.2021 lodged by the respondent no.3 registered as F.I.R. No. 167 of 2021, under Sections 323, 506 I.P.C., Police Station Kotwali Nagar, District Raibareli with a further prayer to stay the arrest of the petitioners.
Learned counsel for the petitioners has argued that the petitioner no.2-Priyanka Shukla and respondent no.3-Neelesh Shukla are the husband and wife, whereas petitioner no. 1-Varun Dwivedi and petitioner no.3-Rakesh Dwivedi are the brother-in-law and father-in-law, respectively, to the respondent no.3-Neelesh Shukla. There are some disputes between the petitioner no.2 and respondent no.3, on account of which, respondent no.3 has filed a case under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights at District Court, Raebareli. When petitioners had gone to inspect the file of the aforesaid case in District Court, Raebareli, some altercation took place between the petitioners and respondent no.3. Therefore, in order to pressurize the petitioners, the impugned F.I.R. has been lodged by the respondent no.3 with mala fide intention just to tarnish their image in the Society.
It has been stated by the learned Counsel for the petitioners that in the said altercation between the petitioners and respondent no.3, both sides have received injuries. He states that as the punishment awarded under the aforesaid sections is below seven years, therefore, the petitioners may be granted the benefit of judgment of the Apex Court in the case of Arnesh Kumar vs. State of Bihar and another: (2014) 8 SCC 273. He argued that because of the enmity relating to matrimonial dispute between the petitioners and respondent no.3, the petitioners have been falsely implicated in the present case, hence the impugned F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that as per the prosecution case, the petitioners are said to have assaulted the complainant and her parents with pen on their eye, face and body, as a consequence thereof, the complainant and her parents sustained serious injuries, which appears to be a cognizable offence. Therefore, the petitioners are not liable to get the benefit of the judgment of the Apex Court in the case of Arnesh Kumar vs. State of Bihar and another (Supra) under the facts and circumstances of the case. He also argued that from perusal of the First Information Report, a cognizable offence is made out against the petitioners, and, therefore, the present writ petition be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
.
(Ved Prakash Vaish, J.) (Ramesh Sinha, J.)
Order Date :- 16.6.2021
cks/-
