Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Kunwar Bahadur Singh, learned counsel for the petitioners, Sri Arunendra, learned A.G.A. for the State-respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Fareed, Shahjaad and Peena, seeking a writ of certioari to quash the impugned F.I.R. dated 05.08.2021 lodged by complainant/respondent no.4 registered as Case Crime/F.I.R. No.0199 of 2021, under Section 306 I.P.C., Police Station Malhipur, District Shravasti and also issue a writ of mandamus commanding the respondents to not to arrest the petitioners in pursuance of the impugned F.I.R.
Learned counsel for petitioners argued that the marriage of petitioner no.1 was fixed with daughter of respondent no.4 on 24.05.2021 and some engagement ceremony has also taken place but some dispute arose between the parties, on account of which, the marriage could not be performed. He further submits that compromise has taken place between the parties with regard to end the marriage on 24.05.2021, a copy of agreement dated 24.05.2021 is annexed as Annexure No.2 to the writ petition. He further submits that petitioners are innocent and have been falsely implicated in the present case with malafide intention. The entire allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence, the impugned F.I.R. is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the petitioners are named in the F.I.R. He further submits that as per impugned F.I.R., it is clearly stated that petitioners demanded dowry for marriage of complainant's daughter and when they could not fulfill their demand, then marriage was cancelled. He further submits that petitioners returned the money of Rs.30,000/- out of Rs.80,000/- which was given to petitioners by private respondent and they also insulted the victim, on account which she committed suicide, therefore, petitioners' involvement in present crime cannot be ruled out. He further submits from a perusal of impugned F.I.R., cognizable offence is clearly made out against the petitioners, hence, the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 24.8.2021 Shubhankar