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2025 DAILYLAW 28984 (ALL)

SAJAL GUPTA @ SAURABH GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLP/4723/2025 · 2025-03-11

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36593-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4723 of 2025 Petitioner :- Sajal Gupta @ Saurabh Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. Vakalatnama filed by Sri S.P. Mishra, Advocate on behalf of respondent no.4 is taken on record. 2. The instant writ petition has been filed for quashing First Information Report dated 02.03.2025 registered as Case Crime no.0013 of 2025, under Sections 85, 115(2), 74, 351(2) of BNS, 2023 and Section 3/5 of D.P. Act, Police Station-Mahila Thana, District-Buland Shahar and also to command the respondents not to arrest the petitioners pursuant to aforesaid FIR. 3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been implicated due to malicious intention. He submitted that the allegations contained in the FIR are false, baseless and misconceived. The marriage of the petitioner was solemnized with the informant without any demand of dowry. He next contended that the petitioner has been dispossessed from the property of his father, qua which public notice was also published on 14.02.2025. The allegations made in the FIR are general in nature and the petitioner has never assaulted the informant. The petitioner is innocent person and allegations levelled against him is highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed. 4. Learned A.G.A. as well as learned counsel for respondent no.4 have opposed the prayer for quashing of the FIR, which discloses cognizable offence. Learned counsel for informant submitted that the informant has sustained grievous injuries due to assault by the petitioner and when she tried to save her life by entering the washroom, the petitioner had broken the door and then assaulted her. The photographs showing injury of the informant and injury report has also been brought on record. He next contended that these documents show that the petitioner was habitual in assaulting the informant. 5. In the aforesaid factual situation and considering the injuries sustained by the informant, we find that no case is made out for interference in the impugned FIR and instant writ petition sans merit. Further, perusal of the impugned FIR, prima facie, reveals commission of cognizable offence. 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 of 2021 (Leelavati Devi @ Leelawati and another vs. State of U.P.) decided on 07.10.2021, no case has been made out for interference with the impugned FIR. 6. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 12.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad