The Hon'ble Court dismissed the Criminal Miscellaneous Writ Petition seeking quashing of an FIR under dowry provisions and IPC sections. Upon hearing and record perusal, the court found allegations constituted a cognizable offence.
The writ petition for quashing of the FIR was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 11237 of 2021
Petitioner :- Samiullah @ Munna And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Pratap Singh Counsel for Respondent :- G.A.,Parashuram Barnawal,Rajeev Dhar Dwivedi
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.
The writ petition seeks quashing of the FIR dated 10.02.2021 giving rise to Case Crime No. 0016 of 2021, under Sections 498-A, 304-B, 323, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S. Belghat, District Gorakhpur.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the allegations contained therein constitute the ingredients of a cognizable offence. The FIR therefore cannot be quashed.
The writ petition is therefore dismissed without prejudice to the rights of the petitioner to apply for bail.
Order Date :- 3.2.2022 Mayank
2 issues framed by the court
Whether the allegations in the FIR constitute the ingredients of a cognizable offence warranting quashing.
Whether the writ petition seeking quashing of the FIR should be dismissed.
2 provisions across 2 enactments
Samiullah @ Munna And 4 Others
State Of U.P. And 2 Others
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
