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Syed Fayyaz Ali Rizvi And 2 Others vs State Of U.P. And 2 Others on 6 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 45

Case :- CRIMINAL MISC. WRIT PETITION No. – 3976 of 2020

Petitioner :- Syed Fayyaz Ali Rizvi And 2 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Wasim Alam,Anil Kumar

Counsel for Respondent :- G.A.,Sanjay Ojha

Hon’ble B. Amit Sthalekar,J.

Hon’ble Ali Zamin,J.

Heard Sri Wasim Alam, learned counsel for the petitioners, Sri Sanjay Ojha, learned counsel for the informant and the learned A.G.A. for the State and perused the documents on record.

The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 04.01.2020 registered as Case Crime No. 04 of 2020 under Sections 498A IPC and Section 3/4 of the Muslim Women (Protection of Rights on Marriage ) Act, 2019, Police Station Naugawan Sadat, District Jyotiba Phule Nagar (Amroha) with a further prayer not to arrest the petitioners in pursuance of the said first information report.

The facts of the case, as per the FIR is that the informant was married to the petitioner no.1 on 6.09.2019. The allegation is that the husband and the in-laws were not satisfied with the dowry given at the time of marriage and used to torture her. It is further alleged that on 28.12.2019 the petitioner no.1 called her over phone and gave her instant triple talaq.

The submission of the learned counsel for the petitioners is that the petitioners belong to Shia sect of the Muslim Community and as per their personal law Talaq-e-Biddat is prohibited. It is submitted that after the marriage, the relationship between the petitioner no.1 and the informant became tense and the informant generally used to reside in her paternal home. It is further submitted that on 19.08.2019, the petitioner no.1 went to the house of the informant to resolve the matter but the family members of the informant beat him with sariya. The petitioner no.1 lodged a NCR of this incident being NCR no. 128 of 2018 under Section 323 IPC and he was also medically examined in the Government Hospital, Amroha. The injury report has been annexed as Annexure-3 to the writ petition. Aggrieved by this act of the family members of the informant, the petitioner no.1 gave three successive Talaq to the informant as per the personal law with a gap of one month each. Lastly, it is submitted that the present impugned FIR has been lodged only to harass the petitioners, hence the same deserves to be quashed.

Per contra learned counsel for the informant and learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.

From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.

However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

With the above direction, this petition is finally disposed of.

Order Date :- 6.3.2020

Kirti

 

 

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