Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11932 of 2021 Petitioner :- Sharukh And 4 Others Respondent :- State Of U.P Through Secretary Home And 4 Others Counsel for Petitioner :- Sunil Vashisth Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Sunil Vashisthlearned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 31.12.2020 registered as Case Crime No.1069 of 2020 under Sections 498-A, 323, 504, 326-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Loni Border, District Ghaziabad. Further prayer has been made not to arrest the petitioners in the aforesaid case.
It is submitted by the learned counsel for the petitioners that matter has been compromised between the parties and the victim, who is pregnant, is residing with her husband. Therefore, it is submitted that no offence is made out against the petitioners.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Be that as it may, perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 20.12.2021/Ram Murti Digitally signed by VIVEK KUMAR BIRLA Date: 2021.12.21 11:28:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SHREE PRAKASH SINGH Date: 2021.12.21 11:31:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad