Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2776 of 2021 Petitioner :- Mohammad Jafar And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijai Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State respondents and perused the record.
The present writ petition has been filed by the petitioners for quashing of the impugned first information report dated 3.3.2021 registered as case crime no. 0095 of 2021 under section 377, 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act police station Bhojipura District Bareilly with a further prayer not to arrest the petitioners in pursuance of the aforesaid F.I.R.
Learned counsel for the petitioners submits that the first information report has been lodged against the entire family members making false and vague allegations. Neither the petitioners have harassed or tortured the information- respondent no. 4 nor made any additional demand of dowry. The allegation of Sodomy has also been made against the husband-petitioner no. 1 which is not probable and believable. False story has been concocted by the informant - respondent no. 4. This is a simple matrimonial dispute. The respondent no. 4 is willingly residing at her parental house. The petitioner no. 1 filed a petition for restitution of conjugal right, thereafter, impugned F.I.R. has been lodged by the informant- respondent no. 4.
Learned A.G.A. opposed the prayer for quashing the first information report and argued that a cognizable offence is disclosed from the allegation made in the first information report, therefore, impugned F.I.R. is not liable to be quashed.
In the first information report, the informant - respondent no. 4 has made allegation of demand of dowry upon the petitioners and allegation of sodomy has also been made against her husband- the petitioner no. 1. In the first information report, it has also been mentioned that due to non fulfilment of demand of dowry, the petitioners committed marpit and ousted the informant - respondent no. 4 from their house. From the allegation made in the first information report, it cannot be said that no cognizable offence is made out against the petitioners.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we do not find it a fit case for quashing the impugned first information report, therefore, prayer for quashing the same is refused and the writ petition is hereby dismissed.
Order Date :- 7.4.2021 Gss