Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3339 of 2021 Petitioner :- Jamila Khalid Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohd. Afzal Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned Counsel for the petitioner, learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioner for quashing the F.I.R dated 7.11.2020 which was registered as Case Crime No.0515 of 2020 under Sections 498-A, 323, 313, 307 and 506 IPC & Section 3/4 Dowry Prohibition Act, 1961, Police Station Civil Lines, District Aligarh.
Learned Counsel for the petitioner submits that petitioner is mother-in-law of daughter of respondent no.4. The daughter of respondent no.4 namely Amana Khan was married with Abid Siddiqui on 2.1.2020. The petitioner has neither harassed the victim nor demanded any dowry, only false story has been concocted by the victim. There is general allegation against the petitioner and no specific role has been assigned to her. It is further submitted that there is no medical report on record with regard to termination of pregnancy and no offence is made out against the petitioner.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that in FIR, serious allegation has been levelled against the petitioner and from the allegation made in FIR prima facie cognizable offence is made out against the petitioner, therefore, the impugned FIR is not liable to be quashed.
According to FIR, daughter of informant namely Amana Khan was married with Abid Siddiqui on 2.1.2020, sufficient dowry was given by the informant in the marriage, but the petitioner and other named co-accused was not satisfied with the dowry and demanded Rs.5,000,00/- as dowry. Due to non-fulfilment of demand of dowry, the petitioner and other named co-accused harassed and tortured to the victim. The petitioner and husband of victim also committed mar-peet with victim due to which her pregnency terminated in the month of March. From the allegation made in FIR, prima facie cognizable offence is made out against the petitioner, Considering the facts and circumstances of the case and submissions advanced by the learned Counsel for the parties, we do not find it a fit case for quashing the impugned FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 20.5.2021 S. Singh