Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3696 of 2021 Petitioner :- Yogesh Kumar And 4 Others Respondent :- State Of U.P And Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioners and 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 first information report dated 24.03.2021 registered as Case Crime No. 78 of 2021, under Sections 498A, 323, 354B, 376, 504, 506 I.P.C and Section 3/4 D.P. Act, Police Station Mahila Thana, District Muzaffar Nagar with a further prayer not to arrest the petitioners in pursuance of the aforesaid FIR.
Learned counsel for the petitioners submits that F.I.R. has been lodged against the entire family members making false and fake allegations. The prosecution story is not reliable and believable and there is no injury report to support the prosecution story. It is further submitted that the victim is residing at her parental house and only to make pressure upon the petitioners, the impugned F.I.R. has been lodged.
Per contra, learned A.G.A. has opposed the prayer for quashing the first information report and argued that in first information report, demand of dowry has been made and it has also been mentioned that victim was harassed and tortured for non- fulfilment of demand of dowry and she has made serious allegations against her nandoi and father-in-law. From the allegations made in first information report, prima facie cognizable offence is made out against the petitioners. Therefore, the impugned F.I.R. is not liable to be quashed.
In first information report, petitioners are named accused. The allegations of demand of dowry, harassment and marpeet have been levelled against the petitioners and other serious allegations have also been made in first information report. From the perusal of the first information report and allegations made in the FIR, it cannot be said that no cognizable offence is made out against the petitioners, therefore, the impugned F.I.R.
is not liable to be quashed.
Considering the facts and circumstances of the case and submissions advanced by the learned counsel for the parties, we do not find any ground to quash the impugned first information report, therefore, prayer for quashing of the same is refused and the writ petition is dismissed.
Order Date :- 21.5.2021 Priya Digitally signed by Justice Bachchoo Lal Date: 2021.05.21 17:12:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Vipin Chandra Dixit Date: 2021.05.21 17:13:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad