WPCRL/210/2026
2026 Latest Caselaw 366 UK

Uttarakhand High Court

WPCRL/210/2026 on 27 January, 2026

                                                                         2026:UHC:646
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                               WPCRL/210/2026

                               Hon'ble Subhash Upadhyay, J.

Mr. Jai Krishna Pandey, learned counsel holding brief of Mr. Priyanshu Gairola, learned counsel for the petitioners.

2. Mr. G. S. Sandhu, learned Additional A.G., assisted by Mr. Vijay Khanduri, Brief Holder for the State.

3. Present Criminal Writ Petition has been filed with the following prayers:

"(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned FIR dated 29.09.2025 registered as FIR No. 0555 of 2025, under sections 323, 427, 498-A, 504, 506 IPC, and Sections ¾ of the Dowry Prohibition Act, 1961 registered at PS Kotwali, Jwalapur, District Haridwar (Annexure No. 1 to this writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or take any coercive action against the petitioners in relation with the impugned FIR dated 29.09.2025 registered as FIR No. 0555 of 2026:UHC:646 2025, under sections 323, 427, 498-A, 504, 506 IPC and Sections ¾ of the Dowry Prohibition Act, 1961 registered at PS Kotwali, Jwalapur, District Haridwar."

4. It is contended by the learned counsel for the petitioners that the offences, as alleged in the FIR, are punishable with the imprisonment of less than seven years, which has not been disputed by Mr. G.S.Sandhu, learned Additional Advocate General for the State.

5. In view of the submissions as advanced by the learned counsel for the parties, the present Writ Petition is disposed of in view of the Judgment of Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 and the Investigating Officer is directed to follow the procedure as prescribed under Section 41-A of the Cr.P.C.

(Subhash Upadhyay, J.) Vacation Judge 27.01.2026 Kaushal 2026:UHC:646