Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3363 of 2021 Petitioner :- Usman Ali And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Kumar Shukla,Krishna Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned Counsel for the petitioners, learned A.G.A. for the respondent nos.1 and 2 through video conferencing and perused the record.
The present writ petition has been filed by the petitioners for quashing the F.I.R dated 1.12.2020 which was registered as Case Crime No.0038 of 2020 under Sections 498-A, 323, 504, 342, 377, 354, 506 IPC, Police Station Mahila Thana, District Gorakhpur.
Submission of learned Counsel for the petitioners is that the petitioners are family members of husband of respondent no.3. The respondent no.3 was living with her husband at Lucknow and the petitioners are living separately from the husband of the victim/respondent no.3. 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. No offence is made out against the petitioners.
Per contra, learned A.G.A. opposed the prayer for quashing the FIR and argued that in FIR, serious allegations have 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.
In FIR, the respondent no.3 has made allegation of demand of dowry and harassment against the petitioners. Serious allegation has been made by the victim against the petitioner no.1. 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 :- 19.5.2021 S. Singh