Bashir And Another ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 2770 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1326 of 2023
Bashir And Another                                      ....Petitioners

                                 Versus

State of Uttarakhand and Others                       ....Respondents

Present:-
             Mr. Bilal Ahmed, Advocate for the petitioners.
             Mr. V.S. Rawat, Brief Holder for the State.


                              JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioners Bashir and Gani seek quashing

of FIR No.343 of 2023, under Section 304-B IPC, Police

Station Bhadrabad, District Haridwar, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, the daughter of the

respondent no.3, the informant, was married with the

brother of the petitioners. Khatun was harassed and tortured

in her in-laws house for and in connection with the demand

of dowry. The marriage took place some five years back from

the lodging of the FIR. ON 30.06.2023, the deceased had

revealed it to the informant that the co-accused had been

threatening her to divorce if the demand for dowry is not met.

But, unfortunately, on 02.07.2023, the deceased died other

than under normal circumstances.

4. Learned counsel for the petitioners would

submit that the petitioners have been falsely implicated;

police has enquired into the matter and one of the eye

witnesses told it to them that the deceased, while washing

clothes, fell into a canal along with her young child and died.

5. It is a writ petition under Article 226 of the

Constitution of India. In case, the FIR discloses commission of

offence, generally, no interference is warranted unless there

are compelling circumstances to do so.

6. It is the categorical case in the FIR that the

deceased was harassed for an in connection with the demand

of dowry. The FIR records that the deceased has died due to

the agony and trauma, which she had undergone in her in-

laws house due to demand of dowry by the petitioners and the

co-accused. Admittedly, it is a death other than under normal

circumstances. What is the truthfulness of the averments, as

made in the FIR, it would fall for scrutiny during investigation

or trial, as the case may be. Undoubtedly, the FIR discloses

commission of offence. Therefore, 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.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 20.09.2023 Ravi Bisht