Allahabad High Court
Parvesh And 3 Others vs State Of U.P. And 2 Others on 25 June, 2020
Bench: Bachchoo Lal, Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 6375 of 2020 Petitioner :- Parvesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ved Prakash Mishra Counsel for Respondent :- G.A. Hon'ble Bachchoo Lal,J.
Hon'ble Ram Krishna Gautam,J.
This writ petition, Under Article 226 of the Constitution of India, has been filed by Parvesh, Sageer, Mohd. Irshad and Sambhu, with a prayer for issuing writ of certiorari, thereby quashing the First Information Report registered as Case Crime No. 05 of 2020, under section 452, 323, 376, 506 IPC read with section 3 and 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 of Police Station Mahila Thana Amroha, District J.P. Nagar.
Learned counsel for the petitioners argued that petitioner no. 1 is husband, petitioner no. 2 is uncle of husband and petitioner nos. 3 and 4 are brothers-in-law of husband and they were resident of Delhi. No such occurrence ever occurred. But this false case was got registered, hence this petition with above prayer.
Learned A.G.A. has vehemently opposed with this contention that a divorce at a time was given by Parvesh, when he was in company of other petitioners. They did sexual assault (rape) with informant for which this case crime number has been got registered. A cognizable offence is there. No ground for any indulgence is there.
Having heard learned counsel for both sides and gone through the FIR it is apparent that it was an accusation of commission of rape by two of petitioners under assistance and conspiracy along with instigation of rest of two, wherein one was husband, who had instantly given triple Talak to informant. This all has been committed by way of criminal house trace passing in night. This court asked learned counsel for the petitioners as to whether triple Talak has not been given? Though it was said to be no, but nowhere, in affidavit filed in support of petition, this has been specifically written that no such triple Talak is there.
Under above facts and circumstances and looking to object for passing of Special Act of Muslim Women (Protection of Rights on Marriage) Act, 2019 and offence of triple Talak at a time, coupled with offence of rape that too gang rape, no ground for any indulgence is there.
Accordingly, this writ petition is being dismissed.
Order Date :- 25.6.2020 Masarrat