The Court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR under Sections 498-A IPC and the Dowry Prohibition Act, rejecting the petitioner's plea of false allegations and lack of medical evidence regarding alleged miscarriage.
Quashing of the FIR and direction not to arrest the petitioner are dismissed.
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Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 1344 of 2021
Petitioner :- Sanjay Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Tripathi,Shri Krishna Tripathi Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents no.1, 2 and 3; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 6.10.2019 registered as Case Crime No.0758 of 2019, under Sections 323, 498-A, 313, I.P.C. and 3/4 D.P. Act, Police Station- Loni Border, District- Ghaziabad. Further prayer has been made to direct the respondent no.3 not to arrest the petitioner in pursuance of the aforesaid FIR.
It is contended by learned counsel for the petitioner that the petitioner is husband of respondent no.4, who had lodged the impugned first information report making false and fabricated allegation. The FIR has been lodged against the entire family members of the petitioner. Neither the petitioner has harassed or tortured the respondent no.4 nor made any demand of dowry. The respondent no.4 was making pressure upon the petitioner to live separately at Ghaziabad. The petitioner belongs to village and his economic condition was not sound, as such, he was not in a position to bear the expenses of separate living in Ghaziabad or other city. There is no medical evidence available on record with regard to miscarriage of respondent no.4, hence, no offence is made out against the petitioner.
The petitioner is husband of respondent no.4. FIR has been lodged by her against the petitioner and her mother-in-law, father-in-law and nandoi with the allegation that the petitioner and named accused made a demand of dowry of Rs.8,00,000/and also harassed and tortured her for non fulfillment of demand of dowry. The aforesaid torture being inflicted by the accused persons must have caused miscarriage of the respondent no.4 without her consent.
As the allegations disclose commission of cognizable offences, the prayer of the petitioner to quash the impugned First Information Report, cannot be accepted.
The petition is, accordingly, dismissed.
Order Date :- 18.3.2021 T. Sinha
2 issues framed by the court
Whether the First Information Report alleging dowry demand and torture causing miscarriage warrants its quashing under Section 482 CrPC.
Whether absence of medical evidence regarding miscarriage affects the maintainability of quashing petition.
1 provisions across 1 enactments
Sanjay Verma
State Of U.P.
4 Others
Respondent No.4
Bachchoo Lal
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
