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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21357 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the petitioners; learned AGA for the State and Sri Manish Singh, learned counsel appearing for respondent no.4 who has filed his vakalatnama today itself. It may be kept on record. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 10.8.2025 giving rise to Case Crime No.0107 of 2025, under Sections 85, 115(2), 352 of Bharatiya Nyaya Sanhita, 2023 and section 3/4 of Dowry Prohibition Act, Police Station - Dhanapur, District - Chandauli but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita. 3. We have perused the the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. 4. We are of the view that no interference is warranted. 5. However, considering the fact that all offences mentioned in the present case are punishable with a term up to 7 years, the authorities are directed to ensure the procedure of arrest as per the guidelines of the Supreme Court Versus Counsel for Petitioner(s) : Jitendra Kumar Upadhyay, Puneet Bhadauria Counsel for Respondent(s) : G.A. Nadim And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 6. It is expected of the police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation. 7. It has has been informed by Sri Manish Singh, learned counsel for the informant that the parties were trying conciliation in the Mediation Centre in the Court below. 8. We believe that the parties shall cooperate in the mediation process which is going on. 9. The writ petition, accordingly, is disposed of.
September 22, 2025 GS CRLP No. 21357 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad