Hon'ble Yogendra Kumar Sangal,J Heard learned counsel for the petitioners and learned Additional Government Advocate as well as Shri Rishad Murtaza, Advocate appearing for the opposite party no. 4 Under challenge is FIR relating to Case Crime No. 63 of 2009, under Sections 498-A, 323, 316, 406, 504, 506 IPC & 3/4 Dowry Prohibition Act, police station Mahila Thana, Hazaratganj, district Lucknow. We have gone through the contents in the FIR and the other docuemtns annexed hereto and also short counter affidavit filed on behalf of the opposite party no. 4 (Complainant). Since the FIR discloses commission of cognizable offence, as such, the same cannot be quashed.
The writ petition is misconceived and is accordingly dismissed. However, it is provided that if petitioner No. 2 Shagufta Ateeq, petitioner No. 3 Smt. Hashmi and petitioner No. 5 Smt. Farhat Yasmeen being ladies, surrender and move application for bail before the court concerned, benefit of Section 437 CrPC will be provided to them.
Order Date :- 7.1.2010 Kaushal