The High Court dismissed a writ petition seeking quashing of an FIR under sections 498-A, 304B IPC, and Dowry Prohibition Act. The court held that the petitioner's defence submissions could not be examined in a writ and that the FIR disclosed serious cognizable offences.
Quashing of the FIR was rejected; the writ petition 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.
Neutral Citation No. - 2023:AHC:189179-DB
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 14529 of 2023
Petitioner :- Sahdev And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- G.A.,Paritosh Sukla
Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner, learned counsel for the first informant and learned A.G.A. for the State.
The instant writ petition seeks quashing of the FIR dated 23.08.2023 giving rise to Case Crime No.0438 of 2023, under Sections 498-A, 304B I.P.C. and section 3/4 Dowry Prohibition Act, Police Station- Tappal, District- Aligarh.
Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioners are their defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.
Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioners to quash the First Information Report is completely misconceived and is rejected.
The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail.
Order Date :- 3.10.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the quashing of an FIR disclosing serious allegations and cognizable offences should be allowed in a writ petition.
Whether allegations of defence in an FIR can be examined in a writ petition seeking quashing.
Sahdev
State Of U.P.
Anjani Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
