Uttarakhand HC rejects plea by minister Rekha Arya’s husband to quash FIR

The Uttarakhand high court on Wednesday dismissed a petition filed by Girdhari Lal Sahu, alias Pappu Girdhari, husband of state cabinet minister Rekha Arya, seeking to quash a first information report (FIR) registered against him at the Cantt police station in Dehradun.The court reiterated that disputed questions regarding audio recordings and the authenticity of documents could not be conclusively evaluated while considering a petition under its quashing jurisdiction. (File Photo)While hearing the petition, justice Alok Mahra observed that the allegations prima facie disclosed serious cognisable offences and could not be dismissed as a mere matrimonial dispute.According to the FIR registered last month, Arya accused Sahu of concealing his previous marriage and children at the time of their wedding, maintaining relationships with other women, and subjecting her to physical assault, verbal abuse and caste-based derogatory remarks when she objected.Arya further alleged that Sahu forged her signatures on administrative documents to falsely reflect her resignation or retirement from her position as a company director. The complaint also referred to audio recordings in which Sahu allegedly discussed a plot to kill her, including financial transactions linked to the plan.Appearing for Sahu, his counsel argued that the couple had been married since July 6, 2004, and that their long-standing relationship indicated that the dispute was essentially domestic in nature. The counsel contended that the allegations had been given a criminal colour to seek the quashing of the FIR.Opposing the plea, the state government’s counsel, along with the legal representative for Arya, highlighted the severity of the charges and submitted that Sahu had failed to cooperate with the ongoing investigation.The court noted that the authenticity of the alleged forged documents and audio recordings would require examination during the appropriate trial proceedings. It observed that the duration of a marriage did not rule out the possibility of subsequent cruelty or criminal conduct.The court reiterated that disputed questions regarding audio recordings and the authenticity of documents could not be conclusively evaluated while considering a petition under its quashing jurisdiction.Citing Supreme Court precedents in State of Haryana vs Bhajan Lal and the Niharika Infrastructure case, the single-judge bench emphasised that the high court could not conduct a mini-trial at this stage. Finding no merit in the petition, the court dismissed the plea, adding that the allegations remained subject to determination through the legal process.The FIR against Sahu was registered under sections 120-B (criminal conspiracy), 323 (voluntarily causing hurt), 420 (cheating), 467, 468 and 471 (forgery offences), 495 (concealing former marriage), 498-A (cruelty by husband), 504 (intentional insult) and 506 (criminal intimidation) of the Indian Penal Code (IPC), alongside relevant provisions of the SC/ST (Prevention of Atrocities) Act. The alleged offences span a period between July 2004 and October 2026.Arya, the BJP MLA from Someshwar constituency in Almora, had previously released a video statement on Facebook, alongside two audio clips of purported phone conversations between her husband and another woman. HT could not independently verify the authenticity of the audio clips.“Does standing by the truth and honesty lead to such consequences? Deeply pained by this, I have been compelled to file a complaint with the police to protect my child,” Arya stated in the video message.Denying all allegations, Sahu claimed that Arya had amassed illegal assets worth ₹210 crore and alleged that he had previously raised concerns regarding corruption in her departments. He further claimed that the audio recordings were generated using artificial intelligence (AI) and urged chief minister Pushkar Singh Dhami to initiate an inquiry against her.