The High Court declined to quash an FIR in a dowry harassment case, holding that the allegations disclosed a cognizable offence. Finding no ground for interference given the State's stand against coercive action at this stage, the petition was consigned to records.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 4051 of 2022
Petitioner :- Rajesh Narang And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Ahmed Faizan,Sr. Advocate Counsel for Respondent :- G.A.,Kunwar Tejandra Bahadur
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Although prayer made in the writ petition is to quash the First Information Report, registered as Case Crime No.267 of 2021, under Sections 498-A, 323, 504 IPC & Section 3/4 Dowry Prohibition Act, Police Station Kakadev, District Kanpur Nagar, but from a perusal of the allegations made therein we do find that commissioning of cognizable offence is disclosed in the matter. In such circumstances the F.I.R. cannot be quashed.
Learned Senior Counsel for the petitioners states that the petitioners are relatives, who have separate living, and no specific role has been assigned to them in the matter, and therefore their arrest is not necessary for the allegations disclosed in the FIR.
Learned AGA, on the basis of instructions obtained from the Investigating Officer with reference to averments made in para 46 of the writ petition, submits that no coercive action is proposed to be initiated against the petitioners for the purposes of investigation, at this stage, particularly as the provisions of Section 41-A Cr.P.C. are otherwise attracted in the matter.
In view of the stand so taken by the respondents, we do not find any good ground to interfere in the matter, at this stage, at the instance of present petitioners.
Leaving it open for the parties to pursue their remedies, in accordance with law, this writ petition is consigned to records.
Order Date :- 19.4.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.04.20 16:15:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the First Information Report maintaining allegations of dowry harassment and criminal breach of peace warrants quashing.
2 provisions across 2 enactments
Rajesh Narang and 3 Others
State of U.P. and 3 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
