Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners and learned A.G.A. for the respondent nos. 1 & 2 and perused the record.
This petition has been filed by the petitioners seeking quashing of the F.I.R. dated 09.10.2020 registered as Case Crime No. 361 of 2020,under Sections 498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Dibiyapur, District- Auraiya , with a further prayer not to arrest the petitioner in pursuance of the said F.I.R.
Learned counsel for the petitioners submits that vide order dated 05.01.2021, this matter was referred to the Mediation Centre and the petitioners were also directed to deposit a sum of Rs. 25,000/ with Mediation Centre. The report of the Mediation Centre dated 07.04.2021 reveals that the petitioners have not deposited the aforesaid amount, hence, they have not complied with the said order. Therefore, the writ petition be decided finally on merits.
Learned counsel for the petitioner further submits on the basis of the impugned F.IR. wherein, it has been mentioned that the marriage of the petitioner no.1 (Durga Sharan @ Ishu was solemnized with Sipra Singh (Gauri) on 06.02.2017 according to the Hindu rituals and customs. After the marriage, both the petitioner no.1 (Suryajeet) and the daughter of the respondent no.3, namely, Shipra Singh (Gauri) were living happily as husband and wife. Neither the petitioner no.1 has harassed nor tortured nor made any demand of dowry from her. He further submits that the daughter of the respondent no. 3 is residing in her parental house on her own sweet -will and the petitioners made several efforts to bring her back to her home but the daughter of the respondent No.3 refused to live with the petitioner. The impugned F.I.R., has been lodged only for the purpose of harassment, hence, no offence is made out against the Per Contra - learned A.G.A. opposed the prayer of the petitioners for quashing of the impugned F.I.R. and argued that the impugned F.I.R., has been lodged by the informant against the petitioners making allegations of demand of dowry and harassment. From allegations made in the impugned F.I.R., a cognizable offence is made against the petitioners, therefore, impugned F.I.R. is not liable to be quashed.
Impugned F.I.R. has been lodged by the respondent no. 4, father of the victim namely Shipra Singh (Gaui), whose marriage was solemnized with the petitioner no1.(Durga Sharan @ Ishu) in the year 2017 making allegations of demand of dowry and harassment against the petitioners. It has been mentioned in the impugned F.I.R. that the petitioners started raising demand of Swift Dezire Car and the father of the victim showed her helplessness to fulfill the said demand but later on agreed to give Rupees four lacs to purchase the car but even after receipt of the Rupees four lacs, the petitioners were not satisfied with the aforesaid money, they again raised additional demand of dowry. Due to non-fulfillment of the additional demand of dowry, they harassed her. From the allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out against the petitioners.
Considering facts and circumstances of the case and also taking into consideration the submissions advanced by learned counsel for the parties, we do not find it to be a fit case for quashing the impugned F.I.R., hence, the prayer for quashing the impugned F.I.R. is refused.
The writ petition is dismissed accordingly.
Order Date :- 8.4.2021 aks