Allahabad High Court
Mohd. Obaid And 8 Others vs State Of U.P. And 3 Others on 21 January, 2020
Bench: Manoj Misra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 859 of 2020 Petitioner :- Mohd. Obaid And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Srivastava,Vishal Srivastava Counsel for Respondent :- G.A.,Kanhaiya Lal,Mohammad Hisham Qadeer Hon'ble Manoj Misra,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; Sri M.I. Farooqui for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 13.12.2019 registered as Case Crime No. 434 of 2019 at P.S. Mahila Thana, District- Allahabad, under Sections 498-A, 494, 323, 406 I.P.C. and section 3/4 D.P. Act.
The contention of the learned counsel for the petitioners is that on account of matrimonial differences between husband and wife, the respondent no.4 lodged a first information report in the year 2017 which was registered as Case Crime No. 349 of 2017 at P.S. Nawabganj, District Allahabad. In the said first information report, it has been alleged that the victim was harassed and thrown out of her matrimonial home. It has been submitted that, now again, a first information report has been lodged by taking the help of new law relating to 'Triple Talak' by falsely alleging that the husband entered the house of the informant and pronounced 'Triple Talak'. It has been submitted that in so far as offence relating to harassment in connection with demand of dowry is concerned, that has already been reported and since then the informant has not been in the company of the husband and as far as offence punishable under Section 494 I.P.C. is concerned, as parties are Muslims by religion that would not apply. It has been submitted that the allegations are wholly mala fide and as such is liable to be quashed.
As the allegation is that 'Triple Talak' has been pronounced and there are other allegations as well, the matter would have to be investigated and therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
Order Date :- 21.1.2020 Sunil Kr Tiwari