Salman Khan v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16259 of 2023 Petitioner :- Salman Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Piyush Sinha Counsel for Respondent :- G.A.,Shiv Shankar Kaithal Connected with Case :- CRIMINAL MISC. WRIT PETITION No. - 15692 of 2023 Petitioner :- Farida Begum @ Farida Bano And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Piyush Sinha Counsel for Respondent :- G.A.,Shiv Shankar Kaithal Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Both these writ petitions arise out of same impugned FIR.

¶2Heard learned counsel for the petitioners, learned counsel for the first informant and learned AGA in both these writ petitions.

¶2These writ petitions seek quashing of the F.I.R. dated

25.07.2023 giving rise to Case Crime No.0403 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961 Police Station-Rasoolpur, District-Firozabad.

¶3The contention of learned counsel for the petitioners is that in a matrimonial dispute and on general allegations, the entire family has been falsely implicated in the FIR impugned in these writ petition.

¶4Upon hearing learned counsel for the parties and learned AGA and upon a perusal of the impugned FIR, we find that since the case is one for demand of dowry, the petition on behalf of petitioner, the husband in Criminal Misc. Writ Petition No.16259 of 2023, is not liable to be entertained.

¶5It is being entertained only on behalf of petitioners 1 to 7 in Criminal Misc. Writ Petition No. 15692 of 2023 against whom there are general allegations.

¶6Counsel appearing for the first informant in both these writ petitions may file counter affidavit within three weeks.

¶7Petitioner will have two weeks thereafter to file rejoinder affidavit.

¶8List thereafter.

¶9Till the next date of listing, the petitioners 1 to 7 in Criminal Misc. Writ Petition No. 15692 of 2023 may not be arrested consequent to the impugned F.I.R. dated 25.07.2023 giving rise to Case Crime No.0403 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961 Police Station-Rasoolpur, District-Firozabad.

¶10This protection shall be available either till the next listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier. It is also provided that the petitioners 1 to 7 in Criminal Misc. Writ Petition No. 15692 of 2023 shall fully cooperate in the investigation, failing which they shall not be entitled to the benefit of this order.

¶11The petition on behalf of petitioner, the husband in Criminal Misc. Writ Petition No.16259 of 2023 is hereby, dismissed. Order Date :- 13.12.2023 Mayank High Court of Judicature at Allahabad