WPCRL/1631/2021
2021 Latest Caselaw 3472 UK

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                                  WPCRL No.1631of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Bilal Ahmed, learned counsel for the petitioners.

Ms. Manisha Rana Singh, learned AGA along with Mr. Siddhartha Bisht, learned B.H. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.212 of 2021, under Sections 323, 452, 504, 506, 498-A IPC and u/s ¾ of Dowry Prohibition Act, registered at Police Station Ranipur, District Haridwar.

The writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.

It is argued by learned counsel for the petitioners that the petitioner no.1 is the husband while the petitioner no.2 is the mother-in-law and petitioner no.3 is the sister-in-law of the respondent no.3; it is purely a matrimonial discord between the parties; there are fair chances for compromise; the petitioners are ready to settle the dispute with the respondent no.3.

State has no objection for the same. In view of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273, the petitioner should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that he has committed an offence. Before making arrest, the Investigating Officer is required to satisfy himself that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. It will not be based upon the ipsi dixit of the Police Officer. In other words, the petitioner shall be arrested only when the conditions stipulated in Sub-Clauses (a) to

(e) of Clause (1) of Section 41 of Cr.P.C. are satisfied. Petitioners are directed to contact the Investigating Officer.

Criminal writ petition is summarily disposed of with the direction as above.

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 06.09.2021 BS