WPCRL/99/2022
2022 Latest Caselaw 142 UK

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                                  WPCRL No.99 of 2022
                                  Hon'ble N.S. Dhanik, J.

Mr. Gaurav Singh, learned counsel for the petitioners.

Mr. V.S. Rathore, learned A.G.A. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR No.1002 of 2021, under Sections 498-A, 494 IPC and Section 3/4 of the Dowry Prohibition Act, registered at Police Station Gangnahar, District Haridwar.

It is argued by learned counsel for the petitioners that the FIR has been lodged by respondent no.3 with the allegation of remarriage against petitioner no.1, however, as per Section 198 Cr.P.C. the cognizance in respect of Section 494 IPC can only be taken on the complaint filed by the aggrieved person; it is a matrimonial dispute between the parties; there are chances of settlement between the parties; and, the present case is squarely covered by the judgment of Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC

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

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. The petitioner will cooperate in the investigation and he is directed to appear before the Investigating Officer on 20.01.2022.

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

All pending applications also stand disposed of.

(N.S. Dhanik, J.) Vacation Judge 17.01.2022 Sukhbant