The Court dismissed the writ petition seeking to quash an FIR under sections 498-A, 323, 325, and 308 IPC, holding that the FIR disclosed a cognizable offence and no extraordinary relief was warranted.
No interference in the FIR or grant of interim relief; petition dismissed.
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Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 2245 of 2018
Petitioner :- Mohammad Imran Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Afzal Counsel for Respondent :- GA,Akshaya Kumar
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Mohd. Afzal, learned counsel for the petitioner, Sri Akshaya Kumar, learned counsel for the respondent no.4 and Sri Vikas Sahai, learned A.G.A. for the State and perused the record.
This petition has been filed with the prayer to quash the F.I.R. dated 13.12.2017, registered as Case Crime No.698 of 2017, u/s 498-A, 323, 325 and 308 IPC and 3/4 D.P. Act, P.S.Mahila Thana, district Moradabad.
Learned counsel for the petitioner submits that petitioner is the husband of daughter of respondent no.4. The marriage between the two was solemnized in October, 2017. The present FIR has been lodged against the petitioner along with his other family members levelling false, frivolous and baseless allegations, hence the present FIR be quashed.
Learned AGA as well as learned counsel for the respondent no.4 opposed the prayer for quashing of the FIR which discloses the cognizable offence.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 1.2.2018 Gaurav
2 issues framed by the court
Whether extraordinary power of the Court under Article 226 of the Constitution of India is called for in quashing the FIR.
Whether the FIR discloses a cognizable offence against the petitioner requiring judicial intervention.
3 provisions across 3 enactments
Mohammad Imran
State Of U.P.
And 3 Others
Ramesh Sinha
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
