Mohammad Zaheer Qureshi vs State Of U.P. And 2 Others
2023 Latest Caselaw 8740 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12317 of 2022
 

 
Petitioner :- Mohammad Zaheer Qureshi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Balbeer Singh
 
Counsel for Respondent :- G.A.,Prem Chandra Dwivedi
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Sri Balbeer Singh, learned counsel for the petitioner, Sri Prem Chandra Dwivedi, learned counsel for the informant and learned AGA for the State respondents are present.

The petitioners, by means of this writ petition under Article 226 of the Constitution of India, has invoked the jurisdiction of this Court with prayer to quash the impugned First Information Report dated 24.06.2022, registered as Case Crime No. 0092 of 2022, under Sections 498A, 323, 294, 504, 506, I.P.C., Section 3/4 D.P. Act and Section 4 of Muslim Women (Protection of Rights on Marriage) Act 2019, Police Station-Rakabganj., District Agra for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

Vide order dated 06.09.2022 the matter was referred to Mediation and Conciliation Centre, Allahabad for settling the dispute amicably. As per mediation report dated 26.02.2023 proceedings for mediation have taken place on several dates, however, no agreement has taken place between the parties.

Therefore, learned counsel for the petitioners submits that consider the case on merits.

The submission is that all alleged offences are punishable with imprisonment of seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioner has been wrongly implicated and could not be arrested. Reliance has been placed on the judgments of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017, Satendra Kumar Antil Vs. Central Bureau of Investigating and another (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.

We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.

Accordingly, the instant petition also stands disposed of in terms of the judgments as noted above.

Order Date :- 24.3.2023

Md Faisal