The High Court dismissed the criminal miscellaneous writ petition seeking quashing of an FIR under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, holding that the allegations constitute a cognizable offence and justice does not warrant interference.
Petitioner dismissed with liberty to approach other appropriate forums.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2658 of 2020
Petitioner :- Mukesh Kumar Alias Chhotu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos.1 and 2.
The petitioner has preferred this petition for the quashing of the First Information Report dated 30.8.2019 registered as Case Crime No. 315 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Daraganj, District Prayagraj.
The allegations made in the FIR constitutes a cognizable offence and as such it is not in the interest of justice to interfere with the FIR in exercise of discretionary jurisdiction. The writ petition is accordingly dismissed with liberty to the petitioner to take other appropriate remedies as may be available to him, in law.
Order Date :- 13.2.2020 Mini
1 issue framed by the court
Whether the High Court should quash the FIR under Section 498A IPC and Section 3/4 D.P. Act registered against the petitioner.
Mukesh Kumar Alias Chhotu
State Of U.P.
2 Others
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
