Smt. Santosh Agrawal And Others vs State Of U.P. Thru. Secy. Home And ...
2022 Latest Caselaw 3735 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3023 of 2022
 

 
Petitioner :- Smt. Santosh Agrawal And Others
 
Respondent :- State Of U.P. Thru. Secy. Home And Others
 
Counsel for Petitioner :- Dharm Trivedi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners and learned AGA appearing on behalf of State-respondents.

In view of order being proposed to be passed, notices to the fourth respondent stand dispensed with.

By the instant petition, petitioners seek quashing the first information report dated 05.08.2021, registered as Case Crime No. 0412 of 2021, under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Gola, District Lakhimpur Kheri. Further prayer has been made not to arrest the petitioners in the aforesaid case.

Learned counsel for petitioners submits that petitioners have been unnecessarily named in the first information report although it pertained to matrimonial dispute between husband and wife. It is submitted that there is no specific allegation made in the first information report against the petitioners who are family members of the husband. It is submitted that the matter is covered by judgment of Hon'ble the Supreme Court in the case of Geeta Mehrotra & others versus State of U.P. and other reported in (2012)10 SCC 741.

Learned AGA appearing on behalf of State has opposed the petition with the submission that a perusal of first information report clearly makes out a cognizable offence against the petitioners.

From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the petitioners. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage. As such the prayer for quashing the FIR in the aforesaid case is refused.

Considering the submissions advanced by learned counsel for petitioners and upon perusal of material available on record, prima faice, it appears that no specific role has been assigned to any of the petitioners.

Hon'ble the Supreme Court in the reported judgment of Geeta Mehrotra and others (supra) has clearly deprecated the aspect of impleading all the family members in a matrimonial dispute. It has been clearly held that there should be some specific allegation and not merely a general allegation against family members in a matrimonial dispute.

In view of above, it is directed that the petitioners shall not be arrested in pursuance of the impugned F.I.R. till the submission of police report under section 173(2) Cr.P.C.

With the aforesaid directions, the writ petition is disposed of.

Order Date :- 23.5.2022

Mukesh Kr.