The High Court dismissed a writ petition seeking quashing of an FIR alleging dowry harassment and rape. Found prima facie offences made out, refused quashment but granted interim bail upon surrender.
Interim bail granted upon surrender within thirty days; application for quashing of FIR refused.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 9651 of 2019
Petitioner :- Sukhbiri And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
The supplementary affidavit has been filed by learned counsel for the petitioners in Court, which is taken on record.
Heard Sri Vipin Kumar, learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 29.12.2017, registered as Case Crime No. 0585 of 2017 under Sections 323, 504, 506, 376, 498-A of I.P.C., Police Station-Civil Line, District-Meerut.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 is the mother-in-law and the petitioner no.2 is the sister-in-law of the respondent no.3., the respondent no.3 has lodged the aforesaid First Information Report that the marriage of the respondent no.3 was solemnized with Rampal the son of the petitioner no.1 according to Hindu Rites and Customs. Soon after the marriage the petitioners have started ill treating the respondent no.3 on account of non fulfilment of additional dowry and ousted her from the matrimonial house. The complainant filed a case against the petitioners under the Women Domestic Violence Act in the Civil Court, Meerut. The petitioners have exerted pressure upon the complainant to withdraw the case. In the meantime Rampal the husband of the complainant had passed away. The son-in-law of the complainant Krishna @ Mulla has extended assurance to the complainant that the retiral dues of her husband and monthly pension etc. would be settled by him in her favour and on this assurance the complainant has come along with him at her matrimonial house. Thereafter the said Krishna @ Mulla has tried to outrage her modesty and succeeded in his evil design and at pistol point had ravished her using vituperative words. The entire allegations are absolutely vague and concocted to harass the petitioner no.1 who is an old lady aged about 70 years and the petitioner no.2 who is not residing at her parental
house, as such the first information report liable to be quashed.
Per contra the learned A.G.A. has contended that there is active participation of the petitioner as also Krishna @ Mulla in the commission of offence, hence the allegations made in the first information report cannot be aborted at this stage. The petitioners will have ample opportunity to rebut the allegations at the appropriate stage.
From the perusal of the F.I.R., prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the F.I.R. is refused.
The petition is accordingly dismissed .
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, they shall be released on interim bail till the disposal of their regular bail application.
Order Date :- 17.4.2019 Rahul.
2 issues framed by the court
Whether the First Information Report alleging dowry harassment and rape warrants quashing under extraordinary jurisdiction.
Whether the allegations in the FIR are prima facie conspiratorial and insufficient to sustain a cognizable offence.
Sukhbiri
Another
State Of U.P.
Naheed Ara Moonis
Anil Kumar-IX
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
