ALL HC: Bar and Bench Are Putting their Life at Risk; Petition Dismissed With Cost

Recently a Division Bench of the Allahabad High Court dismissed a Petition seeking quashing of FIR filed under Section 307 of Indian Penal Code.

The Allahabad High Court dismissed the Petition with Cost of Rs. 10,000/-.

Division Bench comprising of Hon’ble Justice Pankaj Naqvi and Hon’ble Justice Sanjay Kumar Pachori, was hearing a Petition for quashing of FIR filed by the husband to quash the FIR under Section 307 IPC.

The Allahabad High Court observed that although the Court is functioning under compelling circumstances wherein both Bar and Bench are putting their life at stake, yet this writ petition is filed by the husband to quash the FIR under Section 307 IPC for causing injuries at his wife by throttling her neck.

Court found that the petition is sheer abuse of the process of the Court, which is liable to be dismissed with cost.

The Allahabad High Court dismissed the writ petition with cost of Rs.10,000/- . It has been directed that the cost shall be collected by the Collector, Bulandshahar as land revenue, from the petitioner, i.e. Dharmendra, son of Kishanpal, resident of village Walipura, P.S. Kotwali Shahar, Bulandshahar within a month from the date of order

Court has also sought compliance report to be submitted by the Collector to the Registry within 2 months.

Case Details

Title: Dharmendra vs State of U.P. and Others

Case No. Criminal Misc. Writ Petition 9626 of 2020

Coram:Hon’ble Justice Pankaj Naqvi and Hon’ble Justice Sanjay Kumar Pachori

Counsel for Petitioner :- Deepak Kumar Yadav

Counsel for Respondent :- G.A.,Kapil Kumar,A/S228

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