Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16872 of 2020 Petitioner :- Rahul Kumar And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioners and learned A.G.A. for the respondent nos. 1 & 2 and perused the record.
This petition has been filed by the petitioners seeking quashing of the F.I.R. dated 02.09.2020 registered as Case Crime No.0119 of 2020, under Sections 498-A, 323, 504, 506, 376, 377, 354 and 307 I.P.C. and Section 3/4 D.P. Act, Police Station- Barla, District- Aligarh, with a further prayer not to arrest the petitioners in pursuance of the said F.I.R.
Submission of learned counsel for the petitioners is that marriage of respondent no.3 was solemnized with the petitioner no.1, Rahul Kumar on 07.05.2019. There was no dispute of demand of dowry. Respondent no.3 left the house of the husband and went to her parental house without any cogent reason. It has been contended that false story has been concocted by respondent no.3. No such incident has taken place. The F.I.R. has been lodged against the entire family members of petitioner no.1, who is husband of respondent no.3. No offence is made out against the petitioners, therefore, the impugned F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing the first information report and argued that allegations of demand of dowry as well as harassment have been made against the petitioners. From the allegations made in the first information report cognizable offence is made out. Therefore, the F.I.R. is not liable to be quashed.
As per the first information report version, marriage of respondent no.3 was solemnized with petitioner no.1 on 07.05.2019. She was harassed for non-fulfilment of dowry. From the allegations made in the F.I.R. it cannot be said that no cognizable offence is made out.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not find it a fit case for quashing the first information report, therefore, prayer for quashing the same is refused.
The writ petition is accordingly dismissed.
Order Date :- 6.1.2021 Asha