Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 15661 of 2020 Petitioner :- Mamta And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- G.A.,Saurabh Kumar
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1, 2 and 3 as well as learned counsel for respondent no. 4/caveator and perused the record.
The present writ petition has been filed by the petitioners for quashing the FIR dated 8.10.2020 registered as Case Crime No. 0496 of 2020, under section 506, 504, 323, 307, 328, 498A IPC and 3/4 D.P. Act, P.S. Sadar Bazar, District Saharanpur with a further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
The submission of learned counsel for the petitioners is that the petitioners are mother-in-law, father-in-law and Nanad of respondent no. 4. The marriage of respondent no. 4 Kalpana was solemnized with the son of petitioner nos. 1 and 2 namely Deepak on 22.7.2018. The behaviour of respondent no. 4 was not good. She misbehaved with the mother-in-law, father-in-law and other family members and also left the house of petitioners without any cogent reason. At present respondent no. 4 is residing at her parental house. The husband of respondent no. 4 filed a complaint against respondent no. 4 and her mother, father and brother on 28.9.2020, thereafter, respondent no. 4 had lodged the impugned FIR on 8.10.2020 in counter blast. It has further been submitted that false story has been concocted by respondent no. 4. The impugned FIR has been lodged only for the purpose of harassment, therefore, the impugned FIR is liable to be quashed.
Per contra; learned A.G.A. as well as learned counsel for respondent no. 4 argued that the marriage of respondent no. 4 was solemnized with Deepak, son of petitioner nos. 1 and 2 on 22.7.2018. Sufficient dowry was given by the parents of respondent no. 4 but the petitioners were not satisfied with the dowry and demanded one car in dowry and due to non- fulfillment of demand of dowry they harassed and tortured to the respondent no. 4. Petitioners and their family members also committed marpit with respondent no. 4 and her father and husband of respondent no. 4 also filed a divorce petition under section 13 Hindu Marriage Act. If any complaint has been filed by the husband of respondent no. 4 the same has been filed only to save themselves. From the allegations made in the FIR prima facie a cognizable offence is made out against the petitioners, therefore, the impugned FIR is not liable to be quashed.
In FIR allegation of demand of dowry has been made against the petitioners as well as named accused. The allegation of marpit has also been made by the respondent no. 4. From the allegations made in the FIR it can not be said that no cognizable offence is made out against the petitioners.
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 FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 7.1.2021 Masarrat