The Allahabad High Court stayed the arrest of the father-in-law and mother-in-law in a dowry harassment case, observing that the matter requires detailed consideration. The Court also issued notice and sought a response from the State Government.
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UTTAR PRADESH: The Allahabad High Court has stayed the arrest of a father-in-law and mother-in-law in a criminal case arising out of an alleged matrimonial dispute, observing that the matter requires detailed consideration. The Court also issued notice to the complainant, Priya Goswami, in a case registered in Aligarh involving allegations of dowry harassment and assault.
The order was passed in Criminal Misc. Writ Petition No. 28763 of 2025, titled Punam Goswami and Another vs State of Uttar Pradesh and 3 Others, by a Division Bench comprising Hon’ble Justice Ajay Bhanot and Hon’ble Justice Garima Prashad.
The FIR in question was registered on 07 November 2025 as Case Crime No. 0565 of 2025 at Police Station Sasni Gate, District Aligarh, under Sections 85, 351(2), 351(4), 115(2), and 352 of the Bharatiya Nyaya Sanhita (BNS).
Petitioners’ Submissions
Appearing for the petitioners, Advocate Sunil Chaudhary argued that the FIR was a result of a matrimonial discord and had been lodged at the instigation of interested parties. It was contended that the criminal proceedings were malicious in nature and were being used as leverage in an ongoing matrimonial dispute.
The petitioners highlighted several factual inconsistencies, including:
- The complainant and her husband have been living abroad for a substantial period.
- Some alleged incidents were claimed to have occurred outside India, raising serious jurisdictional concerns.
- An alleged assault was stated to have occurred on a specific date when the complainant was reportedly staying at a hotel in Rajasthan with her husband.
- The FIR also named the husband’s friend, allegedly without any specific role.
It was further submitted that the couple had been living separately shortly after marriage and that no prima facie offence was made out against the in-laws.
Reliance on Supreme Court Judgments
The petitioners relied upon key Supreme Court precedents addressing the misuse of criminal law in matrimonial disputes, including:
- Geeta Mehrotra & Anr. vs State of Uttar Pradesh (2012) 10 SCC 741
- Kahkashan Kausar @ Sonam & Ors. vs State of Bihar (2022) 6 SCC 599
Additionally, reliance was placed on Salib @ Shalu @ Salim vs State of U.P. (2023 SCC OnLine SC 947), wherein the Supreme Court cautioned courts to carefully scrutinize FIRs that appear to be frivolous or motivated by personal vengeance, even if the allegations formally disclose the ingredients of an offence.
Observations and Interim Relief
After hearing the submissions, the High Court observed that the matter requires consideration and issued notice to Opposite Party No. 4 (the complainant). The Court directed the State Government to file a counter-affidavit within four weeks.
Significantly, the Court ordered that:
- Arrest of the petitioners (father-in-law and mother-in-law) shall remain stayed until the next date of listing or till the filing of the charge-sheet, whichever is earlier.
- The petitioners must cooperate with the police investigation.
- The matter shall not be treated as tied up or part-heard by the present Bench.
Case Title:
Punam Goswami And Another Versus State Of Uttar Pradesh And 3 Others
CRIMINAL MISC. WRIT PETITION No. – 28763 of 2025
READ ORDER