Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2911 of 2021 Petitioner :- Dalbari Lal And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabha Shanker Bharti Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioners for quashing of the impugned first information report dated 23.10.2020 registered as case crime no. 0092 of 2020 under Sections 498-A, 323, 506, 377, 354 I.P.C. and section 3/4 D.P. Act police station Mahila Thana District Aligarh with a further prayer not to arrest the petitioners in pursuance of the aforesaid F.I.R.
Learned counsel for the petitioners submits that two real sisters were married with two real brothers. The marriage was solemnized under the Mukhya Mantri Saamuhik Vivah Yojana on 14.11.2020 without any dowry. Neither the petitioners have harassed or tortured the victim nor made any demand of dowry. False story has been concocted by the informant/ respondent no. 5. No offence is made out against the petitioners. This is simply a matrimonial dispute.
Learned A.G.A. opposed the prayer for quashing the first information report and argued that in the first information report allegation of demand of dowry and harassment has been made against the petitioners and allegation of sodomy has also been levelled against the husband of informant namely Varsha. From the allegation made in the first information report, it cannot be said that no cognizable offence is made out against the petitioners.
In first information report allegation of demand of dowry as well as harassment has been levelled against the petitioners and allegation of sodomy has also been levelled against the husband of the informant. From the allegations made in the first information report prima facie a cognizable offence is made out against the petitioners.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we do not find it a fit case for quashing the first information report, therefore, prayer for quashing the same is refused and the writ petition is hereby dismissed.
Order Date :- 7.4.2021 Gss