Allahabad High Court
VIRAJ CHAUDHARY AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed; the Court declines to quash the FIR or issue mandamus.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash the FIR dated 05‑07‑2026 in Crime No. 200, filed under Sections 85, 115(2), 74, 91 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, and also sought a mandamus directing the police not to arrest them. The State, through the learned A.G.A., informed the Court that the investigation was complete and a charge‑sheet had been forwarded on 20‑09‑2026. The petitioners thereafter prayed that the writ be disposed of in view of the charge‑sheet. After hearing the parties, the Court observed that with a charge‑sheet already filed there was no justification to keep the petition pending. Accordingly, the writ petition was dismissed.
Issues considered
- Whether the FIR filed under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act can be quashed by a writ of certiorari.
- Whether a mandamus can be issued to restrain arrest of the petitioners when a charge‑sheet has already been filed.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 74, 85, 91
- Dowry Prohibition Act — s. 3, 4
Subjects
- criminal procedure
- FIR quash
- writ petition
- mandamus
- charge‑sheet
- Dowry Prohibition Act
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20088 of 2026
Viraj Chaudhary And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Verma, Satyam Gupta
Counsel for Respondent(s) : G.A., Rajneesh Kumar Srivastava,
Satyendra Kumar Gupta
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The present writ petition has been filed seeking following main reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the first
information report dated 05.07.2026 lodged in Case Crime No. 200 of 2026,
Under Sections 85, 115(2), 74, 91 Bharatiya Nyaya Sanhita, 2023 and 3/4
Dowry Prohibition Act, Police Station Station-Naujheel, District Mathura.
II. Issue a writ, order or direction in the nature of mandamus directing the
respondent no.2 not arrest the petitioner in pursuance of the first information
Sanhita, 2023 and 3/4 Dowry Prohibition Act, Police Station Station-Naujheel,
District Mathura."
2. Learned A.G.A. appearing on behalf of State-respondents has submitted
that after completion of investigation, charge-sheet has been forwarded on
20.9.2026 before the court concerned.
3. At this juncture, learned counsel appearing on behalf of the petitioners
submitted and prayed that the instant writ petition may be disposed of in the
light of the statement given by learned A.G.A.
4. Heard learned counsel appearing on behalf of the petitioners, learned
counsel for the respondent no. 4 and learned A.G.A. appearing on behalf of
the State-respondents and perused the material on record.
5. Taking into consideration the submissions advanced by learned counsel for
CRLP No. 20088 of 2026
2
the parties and the fact that charge-sheet has already been forwarded, we do
not find any good reason to keep this petition pending for further adjudication.
6. In view of the above, the instant writ petition is dismissed.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
October 1, 2026
M. Tarik
Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad
Checking your session…