Mahindra Singh @ Mahindra Verma And ... vs State Of Up And 3 Others
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Allahabad High Court

Mahindra Singh @ Mahindra Verma And ... vs State Of Up And 3 Others on 17 May, 2024

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:89922-DB
 
Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8074 of 2024
 

 
Petitioner :- Mahindra Singh @ Mahindra Verma And Another
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Shubham Dwivedi
 
Counsel for Respondent :- G.A.,Pankaj Dwivedi
 

 
Hon'ble Siddharth,J.
 

Hon'ble Surendra Singh-I,J.

1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and learned counsel for the respondent No.4.

2. The writ petition seeks quashing of the FIR dated 07.04.2024 giving rise to Case Crime No.132 of 2024, under Sections 498A, 313, 323, 354, 504 IPC and Section 3/4 of D.P. Act, Police Station Kuraoli, District Mainpuri.

3. The petitioners are the Jeth and Jethani of the respondent No.4 and they have been falsely implicated in this case due to matrimonial dispute.

4. Learned counsel for the petitioner submits that on account of dispute of respondent No.4 with her husband false implication has been made against all the family members of matrimonial home of respondent No.4. He further submits that husband as well as entire family members of the husband of respondent No.4 have been falsely implicated in the present case by the respondent No.4 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, the impugned FIR is hereby quashed.

7. The writ petition is allowed.

Order Date :- 17.5.2024

Amit