Hon'ble Vipin Chandra Dixit,J.
Heard learned Counsel for the petitioners, learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioners for quashing the F.I.R dated 5.1.2021 which was registered as Case Crime No.0006 of 2021 under Sections 498-A, 376, 377, 323, 504, 506 read with Section 3/4 Dowry Prohibition Act, 1961 and 3/4 Muslim Women (Protection of rights on Marriage) Act, 2019, Police Station Kasganj, District Kasganj.
Learned Counsel for the petitioners submits that the F.I.R. has been lodged against the entire family members of husband of respondent no.4. The respondent no.4/informant is wife of petitioner no.1. In F.I.R., it has been mentioned that after marriage, the respondent no.4 stayed at the matrimonial house only for one day, thereafter, she came back at her parental house. Thereafter, she went with her husband to Unnao. It has further been submitted that neither the petitioners have harassed the victim nor demanded any dowry and only false story has been concocted by the victim/informant. No offence is made out against the petitioners. There is matrimonial dispute between husband and wife and the petitioner no.1 has filed a petition for restitution of conjugal rights against respondent no.4, due to which the impugned F.I.R. has been lodged.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that in FIR, serious allegation has been levelled against the petitioners and from the allegation made in FIR prima facie cognizable offence is made out against the petitioners, therefore, the impugned FIR is not liable to be quashed.
The respondent no.4 is informant and she is wife of petitioner no.1. In FIR, the respondent no.4 has made serious allegation against the petitioners. From the allegations made in FIR, 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 the learned Counsel for the parties, we do not find it a fit case for quashing the impugned FIR, therefore, the prayer for quashing the same is hereby refused and the writ petition is dismissed.
Order Date :- 18.5.2021 S. Singh