MOHSINA BANO @ MOHSINA KHATOON AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. LKO. AND 3 OTHERS
CRLP/1289/2025 · 2025-02-17
Brij Raj Singh, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 123030 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 123030 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10117-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1289 of 2025 Petitioner :- Mohsina Bano @ Mohsina Khatoon And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Lko. And 3 Others Counsel for Petitioner :- Rajesh Kumar,Suhail Kashif Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for petitioners and learned A.G.A. for the State. This petition seeks issuance of a writ in the nature of certiorari for quashing the First Information Report dated 11.01.2025 bearing Case Crime No.0013 of 2025, under Sections 498-A, 323, 504, 494 I.P.C., Police Station Kotwali Rudauli, District Ayodhya.
Learned counsel for petitioners submits that the allegation in the F.I.R. are vague and incomplete and the F.I.R. was lodged after a notice for divorce was sent by the husband of informant- respondent no.4 who is also the son of petitioner no.1. It is further submitted that wrongly all the family members are named in the F.I.R. Learned A.G.A. opposing the petition submits that there are sufficient details given in the F.I.R. with regard to all the persons and further that all persons are living on the same address as detailed in the array of parties and, hence the allegations made in the F.I.R. cannot be doubted at this stage. A bare perusal of the notice for divorce itself shows that marriage between the parties is accepted and that they have been living separately. The allegation in the notice is that it is the wife who has harassed the husband but no details have been given as to why the wife has harassed the husband. In the F.I.R. specific allegations are made that cruelty was committed upon
the informant-wife throughout her married life when she was living with her husband. It is also specifically stated that the husband after committing the cruelty upon the wife-respondent no.4 left her and children alone in Bombay and came back and married with another woman on 06.12.2024. In view thereof, there is no reason at this stage to disbelieve the allegations made in the F.I.R. The husband of informant/respondent no.4 has not come before this Court along with the petitioners. As per the address provided in the array of parties all the petitioners are living on the same address. Thus, a bare perusal of the F.I.R., shows that cognizable offence is made out. Accordingly, this Court is not inclined to exercise its discretionary jurisdiction in the present petition. The writ petition is dismissed. (Brij Raj Singh, J.) (Vivek Chaudhary,J.)
Order Date :- 17.2.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench