PRAYAGRAJ: The Allahabad high court recently declined to quash the FIR lodged against a person who was accused of putting nude pictures of his wife on social media.
Dismissing a writ petition filed by one Dhananjaya of Mathura district, a division bench comprising Justice Pankaj Naqvi and Justice Vivek Agarwal said, “From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the FIR or staying the arrest of the petitioner.”
The state counsel had opposed the petition, saying that a commission of cognizable offence is made out against the petitioner. It was also submitted that even allegations of commission of offence are also prima facie made out as there is specific allegation of putting nude pictures of the informant (the wife who had lodged FIR) on WhatsApp. Therefore, merely because petitioner is husband of the informant does not constitute a valid ground to quash the FIR.
Earlier, the counsel for the petitioner had submitted before the court that all the allegations made by the informant are false and fabricated. She is wife of the petitioner, who is six years elder to him and this is her second marriage, but overlooking all these aspects with a view to coerce the petitioner, a false and concocted grounds have been taken to lodge FIR against him. He also submitted that the FIR has been filed with a view to extract an undue financial gain from the petitioner.
The counsel for the petitioner further submitted that the informant lodged an FIR against the petitioner on the basis of false and concocted grounds inasmuch as earlier another FIR was lodged against the petitioner.
Rejecting the pleas of the petitioner’s counsel, the court observed, “There can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case. “
The petitioner had filed this petition seeking issuance of direction for quashing the FIR dated July 6, 2020 registered at Nauhjheel police station of Mathura district with further request to direct the police authorities not to arrest the petitioner during the course of the investigation.
The court gave this decision on December 17.