Sudhir Kumar And Others ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 471 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1890 of 2022

Sudhir Kumar and Others                                 ....Petitioners

                                Versus

State of Uttarakhand and Others                      ....Respondents

Present:-
             Mr. Akshay Pradhan, Advocate for the petitioners.
             Mrs. Manisha Rana Singh, A.G.A. for the State.

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioners seek quashing of the FIR

No.0393 of 2022, dated 18.09.2022, under Sections 323, 504

and 506 IPC, Police Station Raipur, District- Dehradun with

related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 15.09.2022, at 5:00, in

the evening, the informant visited the house of his sister-in-

law, but their, he was assaulted, beaten up and abused. In

fact, the FIR records that the petitioner no.2 had a teeth bite

on his right cheek. Thereafter, the informant and his sister

were expelled from the house. Police was called.

4. Learned counsel for the petitioners would

submit that, in fact, the story is false; it is the informant, who

assaulted the petitioners, of which a report was given by the

petitioner no.1 to Station House Officer, Police Station Raipur,

District Dehradun, on 17.09.2022, but it was not lodged.

6. It is a petition under Article 226 of the

Constitution of India. If an FIR discloses commission of

offences, generally, no interference is warranted.

7. Here, according to the petitioners themselves, it

is the informant, who assaulted the petitioners and their

family members and who intruded in their family, but, it is

being argued that the report lodged by the petitioner no.1 has

not been registered by police. Does it mean that there was

admission of some incident? Does it mean that the only

question that would fall for scrutiny is as to who is the

aggressor or who is the defender or was it a free fight? If the

petitioners are aggrieved by non lodging of their FIR, there are

remedies, which are permissible under law, but that may not

be a reason to make any interference.

8. Having considered, this Court is of the view that

there is no reason to make any interference. Accordingly, the

petition deserves to be dismissed, at the stage of admission

itself.

9. The petition is dismissed in limine.

(Ravindra Maithani, J.) 22.02.2023 Ravi Bisht