Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16166 of 2020 Petitioner :- Shakeel Shekh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mir Sayed Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioners for quashing of the first information report dated 25.08.2018 registered as Case Crime No.0307 of 2018, under Sections 498- A, 323, 504, 506, 406, 377 I.P.C. & 3/4 D.P. Act, Police Station Mahila Thana, District Allahabad, with a further prayer not to arrest the petitioners in pursuance of the aforesaid F.I.R.
Submission of learned counsel for the petitioners is that the first information report has been lodged against the entire family members including four nanad. Allegation of sodomy has also been made against the petitioner no.1 who is the husband of respondent no.4/informant. False story has been concocted by the respondent no.4. The real fact is that the respondent no.4/informant herself left the house of petitioners ans she is residing at her parental house without any cogent reason. Neither the petitioners harassed or tortured informant/respondent no.4 nor they have made any demand of dowry. The impugned F.I.r. has been lodged only for the purpose of harassment. No offence is made out against the petitioners, therefore, impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. opposed the prayer for quashing the F.I.R. and argued that the allegation of demand of dowry and harassment has been levelled against the petitioners who was named in the first information report and the allegation of sodomy has also been levelled against the husband of the informant. From the allegations made in the F.I.R., prima facie a cognizable offence is made out against the petitioners, therefore, impugned F.I.R. is not liable to be quashed.
The petitioners are named in first information report. Allegation of demand of dowry and harassment has been levelled against the petitioners and allegation of sodomy has also been levelled against the husband of the informant. From the allegations made in the first information report, prima facie a 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 any ground for quashing of the impugned first information report. Hence, prayer for quashing the same is, hereby, refused.
Accordingly, the writ petition is dismissed.
Order Date :- 8.1.2021 Ashok Gupta