Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 15284 (ALL)

SAFINA KHATOON AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/3186/2025 · 2025-03-05

Mohd Azhar Husain Idrisi, Vivek Kumar Birla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:32457-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3186 of 2025 Petitioner :- Safina Khatoon And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Abhishek Kumar Chaubey, learned counsel for the petitioners and Sri Ajay Kumar Sharma, learned A.G.A. for the state. 2. The relief sought in this petition is for quashing of the F.I.R. dated 20.01.2025, registered as Case Crime No. 18 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 109, 331(6) of B.N.S., 2023, Police Station Anpara, District Sonbhadra. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. It is submitted that the petitioners have been falsely implicated in the present case with malafide intention to somehow the grab the property of the petitioners in respect of a Civil Suit No. 3 of 2022 for permanent injunction is pending in the competent court. The first information report is nothing but an attempt to put pressure on the petitioners and no such incident as alleged had ever taken place. It is also pointed out that from the petitioners' side one NCR No. 01 of 2022 was filed under Sections 323 and 504 I.P.C. as back as on 04.01.2022 and therefore, the attempt is to somehow grab the property of the petitioners there is allegation of attacking the informant's side whereas no such incident had taken place and the entire family have been robed in. 4. Per contra, learned A.G.A. on instructions submits that there are statement of the injured recorded during investigation and injury report is also on record. The evidence has been provided to the investigating officer in a pen-drive and the submissions, therefore, that the cognizable offence is made out. We find that the pendency of the civil dispute by itself is not sufficient to quash the first information report which alleges physical violence against the informant's side. 5. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 6. Therefore, the writ petition is dismissed. Order Date :- 6.3.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad