Giyasuddin And 2 Others vs State Of U.P. And 2 Others
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Allahabad High Court

Giyasuddin And 2 Others vs State Of U.P. And 2 Others on 13 May, 2024

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:86037-DB
 
Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8830 of 2022
 

 
Petitioner :- Giyasuddin And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Keshari Nath Tripathi
 

 
Hon'ble Siddharth,J.
 

Hon'ble Surendra Singh-I,J.

1. Heard Sri Keshari Nath Tripathi, learned counsel for the petitioners and learned A.G.A. for the State-respondents.

2. The writ petition seeks quashing of the FIR dated 26.04.2022 giving rise to Case Crime No. 87 of 2022, under Sections 498A, 323, 506, 504, 354 (Kha) I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Mundhapandey, District Moradabad as well as not to arrest the petitioners in pursuance of aforesaid F.I.R.

3. Learned counsel for the petitioners submits that petitioner nos. 1, 2 and 3 are brother-in-law (Jeth), Sasur (father-in-law) and Nanad (sister-in-law) of the respondent no. 3. He further submits that they have been falsely implicated in the present case on account of dispute between the respondent No. 3 and her husband on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the case of Geeta Mehrotra and Another Vs. State of Uttar Pradesh; 2012 (10) SCC 741.

5. The Apex Court in the case of Kahkashan Kausar @ Sonam vs. The State of Bihar and Others, 2022 (6) SCC 5991, has held that in such cases relatives of husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime is made out.

6. In view of the above judgments of Apex Court, FIR against petitioner Nos. 1 to 3 is hereby quashed

7. The writ petition is allowed.

Order Date :- 13.5.2024

Vibha

(Surendra Singh-I,J.) (Siddharth,J.)