Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11352 of 2019 Petitioner :- Mobin And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Jeet Upadhyay Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Amar Jeet Upadhyay, learned counsel for the petitioners, Sri Mohd. Aslam, Advocate has put in appearance on behalf of respondent no.3 and the learned A.G.A. for the State.
Sri Mohd. Aslam, on behalf of respondent no.3 has filed the medical report of the respondent no.3 in Court today, the same is taken on record.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 13.04.2019, registered as Case Crime No. 208 of 2019 under Sections 323, 313, 328, 324, 367D, 498A, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Khatauli, District-Muzaffar Nagar.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the F.I.R. lodged by the respondent no.3 Smt. Rajiya. Absolutely false allegations have been made in respect of demand of dowry. The respondent no.3 has roped the entire family members so as to build pressure upon them. Hence the F.I.R. deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations. The respondent no.3 has narrated her agony and chagrin in a very natural manner. She will not invite indelible stigma on her character exposing false allegations.
From the perusal of the F.I.R., prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences which cannot be oversighted by this Court at this stage hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the F.I.R. is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 30.4.2019 Rahul.