Smt. Rukhsana And 2 Others vs State Of U.P. And 2 Others
2021 Latest Caselaw 1120 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 384 of 2021
 

 
Petitioner :- Smt. Rukhsana And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shams Uz Zaman
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pritinker Diwaker,J.

Hon'ble Deepak Verma,J.

This writ petition has been filed seeking quashment of FIR dated 16.10.2020 in respect of Crime No.115 of 2020 for the offence under Sections 498-A, 323, 504, 506, 376, 511, 354-B, 406 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Baghpat.

Counsel for the petitioners submits that petitioner no.1 is mother-in-law; petitioner no.2 is brother-in-law (Dewar), whereas petitioner no.3 is unmarried Nanad of the complainant. It has been argued that apart from the petitioners, husband and father-in-law of the complainant have also been made accused. He submits that totally false allegations have been levelled against the entire family, just because the complainant was insisting for separate living. He submits that considering the contents of the FIR, the same is required to be quashed.

Opposing this submission, it has been argued by State Counsel that on the basis of allegations, prima facie, cognizable offence is made out against the petitioners and as such, FIR cannot be quashed.

We have heard learned counsel for the parties.

A bare perusal of the FIR would reveal the fact that prima facie cognizable offence is made out against the petitioners. Further, considering the judgments of the Apex Court in State of Telangana v. Habib Abdullah Jeelani & Ors., 2017 (2) SCC 779 and Samikshan Singh @ Nikki v. State of UP & Ors. in Special Leave to Appeal (Criminal) No.4650 of 2020, we are not inclined to entertain the writ petition and the same is, accordingly, dismissed.

The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioners, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 19.1.2021

RKK/-