Sandeep Malik vs State Of Uttarakhand And Others
2023 Latest Caselaw 2771 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1331 of 2023
Sandeep Malik                                        ....Petitioner

                               Versus

State of Uttarakhand and Others                    ....Respondents
Present:-
             Mr. Ravi Bisht and Mr. Vikash Singh Yadav, Advocates for
             the petitioner.
             Mr. V.S. Rawat, Brief Holder for the State.

                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.97 of

2023, under Sections 354-A, 504, 506 and 509 IPC, Police

Station Tanakpur, District Champawat, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. The FIR has been lodged by the respondent

no.3, the informant, who happens to be the sister of the

petitioner. According to the FIR, the informant stays with her

old aged mother and one deaf and dumb brother. The

petitioner stays separate. He would abuse and talk in

objectionable and obscene manner with the informant, due to

which the informant feels uncomfortable and insecure in her

own house. There are various allegations in the FIR against

the petitioner. It also records that the petitioner has uploaded

some videos on the social media, thereby, intruded the

privacy of the informant.

4. Learned counsel for the petitioner would submit

that there is a property dispute in the family. The informant

wants a piece of land. She has also raised objections in the

mutation proceedings. Therefore, false FIR has been lodged. .

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. Enmity is a double-edged sword. On the one

hand, perhaps, it may be a case for false implication, but, at

the same time, it can also be a reason to commit an offence.

7. A sister has lodged an FIR against her brother

with regard to obscenity, threat and abuses, etc. Admittedly,

there is animosity between the parties. The FIR definitely

discloses commission of offence. What is the truthfulness and

credibility, it would fall for scrutiny during investigation or

trial, as the case may be. 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.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 20.09.2023 Ravi Bisht