Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12403 of 2021 Petitioner :- Jubair And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Nath Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners, learned A.G.A for the State-respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 20.11.2021 registered as Case Crime No. 477 of 2021 under Sections 498-A, 323, 354-B, 377, 504 IPC Section 3/4 Dowry Prohibition Act and Section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019 at Police Station Kandhna, District Shamli. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed as having become infructuous, leaving it open for the petitioner no. 1 and 2 to apply before the competent court for anticipatory bail/bail and petition no. 3 may invoke provision of Section 437 Cr.P.C., if applicable.
Order Date :- 21.12.2021 Ujjawal