Allahabad High Court
HITESH @ HITESH KUMAR AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Disposal
- Disposed off/Decided on merits
Holding
The Court refused to quash the FIR but restrained arrest of all petitioners and directed that the investigation, at least for petitioner 1, be concluded within 60 days.
Summary
Petitioners Hitesh Kumar and six others filed a criminal miscellaneous writ petition seeking quash of an FIR dated 29‑08‑2025 (Crime No. 50 of 2025) alleging offences under sections 85, 115(2), 352, 351(3), 64 and 82 of the Indian Penal Code, the Dowry Prohibition Act and other statutes, and also sought a direction that they not be arrested. The petitioners claimed that the FIR was false and that they were falsely implicated. The Court examined the prayer, noted the submission that the case involved only a dowry‑harassment allegation, and referred to the Supreme Court’s decision in Geeta Mehrotra (2012) and a Division Bench judgment of this Court in Shobhit Nehra (2024). The Court issued a notice to respondent 4, allowed the petitioners to file affidavits, and restrained the respondents from arresting petitioners 2‑7 pending the police report under Cr.P.C. 173(2) or B.N.S.S. 193(3). For petitioner 1, the Court directed the investigating officer to complete the investigation within 60 days and also barred arrest during that period, subject to cooperation with the investigation. The order is conditional on the petitioners’ cooperation, with a provision for recall if they do not cooperate.
Issues considered
- Whether the FIR dated 29‑08‑2025 can be quashed on the ground of false implication.
- Whether the petitioners can be restrained from arrest pending the investigation.
- Whether the investigating officer must complete the investigation within a stipulated period of 60 days.
Legislation cited
- B.N.S.S. — s. 193(3)
- Code of Criminal Procedure, 1973 — s. 173(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115, 351, 352, 64, 82, 85
Subjects
- quash FIR
- arrest restraint
- dowry harassment
- criminal procedure
- investigation timeline
- writ petition
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22336 of 2025
Hitesh @ Hitesh Kumar And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukesh Joshi
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J.
Order with regard to petitioner nos. 2 to 7
1.Supplementary affidavit bringing on record the certified copy of the F.I.R.
has been filed today. The same is taken on record.
2. Heard learned counsel for petitioners and learned AGA for State-
respondents.
3. The present writ petition has been preferred with the prayer to quash the
impugned First Information Report dated 29.08.2025 registered as Case
Crime No.50 of 2025, under Sections 85, 115(2), 352, 351(3), 64 and 82
B.N.S. and Section 3/4 D. P. Act, P.S. Mahila Thana, District Moradabad
and for a direction to the respondents not to arrest the petitioner nos.2 to 7 in
pursuance of impugned First Information Report.
4. It has been submitted that the husband as well as entire family members
of the husband-petitioner no.1 have been falsely implicated in the present
case by the opposite party no.4 on the general allegations, which is
against the well settled principles of law as laid down by the Hon'ble
Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta
Mehrotra and Another Vs. State of Uttar Pradesh.
5. Matter requires consideration with regard to petitioners no.2 to 7.
6. Issue notice to respondent no.4.
7. All the respondents may file counter affidavit within period of four weeks.
Petitioner may file rejoinder affidavit within two weeks.
8. List this case after six weeks.
CRLP No. 22336 of 2025
2
9. Till the next date of listing or till cognizance is taken by court on police
report submitted under Section 173(2) Cr.P.C.,/193(3) B.N.S.S., whichever
is earlier the respondents are restrained from arresting the petitioners no.2 to
7 pursuant to the First Information Report, subject to cooperation in ongoing
investigation.
Order with regard to petitioner no.1, Hitesh @ Hitesh Kumar
1. Learned counsel for the petitioner submitted that there is no other
allegation except harassment of dowry.
2. In view of above submission, case and in view of the judgment passed by
Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024
(Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed
of with regard to petitioner no.1 directing the investigating officer to
conclude the investigation of this case within period of 60 days.
3. During the period of investigation and till cognizance is taken on the
police report by the court concerned, the petitioner/petitioners shall not be
arrested in pursuance of the the impugned First Information Report dated
29.08.2025 registered as Case Crime No.50 of 2025, under Sections 85,
115(2), 352, 351(3), 64 and 82 B.N.S. and Section 3/4 D. P. Act, P.S. Mahila
Thana, District Moradabad .
4. In case of non-cooperation with the police investigation by the
petitioner/petitioners, it shall be open for either of the respondents to file
recall application of this order.
(Santosh Rai,J.) (Siddharth,J.)
September 26, 2025
Asha
Digitally signed by :-
ASHA
High Court of Judicature at Allahabad
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