LAWS(ALL)-2024-5-112

MUMTAZ BANO Vs. STATE OF U.P.

Decided On May 01, 2024
Mumtaz Bano Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

(2.) By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the F.I.R. dtd. 12/3/2024 lodged in Case Crime No. 18 of 2024, under Ss. - 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act and 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019, Police Station- Mahila Thana, District- Bareilly.

(3.) Submission made by learned counsel for the petitioners is that the present FIR is an outcome of dispute between the parties. The offences are punishable under 7 years or less than 7 years. The Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 has laid down guidelines for arresting a person, which are being reproduced hereinbelow:-