Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2876 of 2021 Petitioner :- Muzibul Hasan And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kshitij Shailendra,Deba Siddiqui 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 respondents no.1, 2 and 3; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 8.1.2021 registered as Case Crime No.9 of 2021, under Sections 498A, 323, 504, 376, 511, 354, 452, I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Bhadohi, District- Bhadohi. Further prayer has been made to direct the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for the petitioners submits that the petitioner no.1, Muzibul Hasan is the husband of respondent no.4, Roshni Khan. Respondent no.4, Roshni Khan solemnized her first marriage with one Mohd. Azhar Nafees Khan on 7.11.2015. After receiving Rs.4,00,000/- respondent no.4 divorced her first husband and thereafter concealing the fact of first marriage, she solemnized her marriage with petitioner no.1 on 26.1.2020. After six months respondent no.4 left the house of her husband and started living at her parental house. The petitioner no.1 filed a suit for dissolution of marriage on 28.9.2020. Thereafter, compromise has taken place in between the parties on 13.12.2020 and articles as well as money were returned to respondent no.4. The respondent no.4 in order to extort money from the petitioners' side lodged the impugned FIR on 8.1.2021 making false and fake allegations. The FIR has been lodged against the entire family members of petitioner no.1. No offence is made out against the petitioners.
Per contra learned A.G.A. opposed the prayer for quashing the impugned first information report and argued that in the first information report it has been mentioned that informant, respondent no.4 is pregnant. The allegation of attempt to commit rape has also been made against Ashif Khan, petitioner no.4, who is devar of respondent no.4. Specific allegation of demand of dowry has been levelled against the petitioners. From the allegations made in the first information report prima facie cognizable offence is made out, therefore, impugned first information report is not liable to be quashed.
In the first information report allegations of demand of dowry and harassment have been levelled against the petitioners. Allegation of attempt to commit rape has also been made against Ashif Khan, devar of the informant. In the FIR it has also been mentioned that the husband of the informant has given triple talaq, committed marpeet with the informant and pressed her neck.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we find that the allegations disclose commission of cognizable offences, therefore, the prayer of the petitioners to quash the impugned First Information Report cannot be accepted and the same is, hereby, refused.
The petition is dismissed.
Order Date :- 7.4.2021 T. Sinha