Guman Singh Negi Alias Guman Singh and Anr. Vs State of Uttarakhand

Presence:Mr. Vikas Bahuguna, learned counsel for the petitioners. Mr. S.C. Dumka, learned AGA along with Ms. Sweta Badola Dobhal, learned Brief Holder for the State.

¶11

Hon'ble Pankaj Purohit, J.

¶12

By means of present writ petition, petitioners have put to challenge the FIR No.0026 of 2025 dated 16.07.2025 under Sections 103(1), 3(5), 351(3), 80 & 85 of Bhartiya Nyaya Sanhita, 2023, registered at P.S. Joshimath, District Chamoli.

¶13

The facts in brief are that an FIR was lodged on 16.07.2025 by respondent no.3, the father of the deceased, with the allegation that his daughter, namely Khila Devi, who was married to Dheeraj Singh Negi, was subjected to physical and mental abuse by her husband, father-in-law, and mother-in-law. The abuse, including threats to her life and physical assault, began shortly after the marriage and continued while she was residing with them at Joshimath. On 16.07.2025, the father of the deceased received a phone call informing him of his daughter’s death. Upon reaching Joshimath, he found

¶14

1

¶15

2025:UHC:6781

¶16

her dead body in the mortuary. Bir Singh (respondent no.3) believes that the death of his daughter was a pre-planned murder, orchestrated by her husband and in-laws. With these averments, the First Information Report was lodged against the petitioners and coaccused.

¶17

Learned counsel for the petitioners submits that petitioner no.1 (father-in-law of the deceased) and petitioner no.2 (mother-in-law of the deceased) reside separately at Village Palethi, District Chamoli, which is approximately 100 kilometers from the alleged place of incident. He further contends that the co-accused, namely Dheeraj Singh, husband of the deceased, is employed with the ITBP, and that the deceased and her husband were residing together in the ITBP residential quarters at Auli.

¶18

Learned counsel also submits that no case is made out against the present petitioners, as there is no material on record from which it can be inferred that, soon before her death, the deceased was subjected to cruelty for dowry by the petitioners. It is further submitted that, admittedly, the deceased was residing separately with her husband, and there are no specific allegations of demand for dowry against the petitioners.

¶19

Per contra, learned State counsel submits that from perusal of the FIR, it is evident that petitioners are involved in the alleged crime which is a serious offence. Thus, the present writ petition deserves to be dismissed at the threshold.

¶20

From perusal of the first information report, it transpires that the allegations made in the first

¶21

2

¶22

2025:UHC:6781

¶23

information report are very serious and discloses commission of offence. The FIR is not encyclopedia and matter is still under investigation. Deceased was married with Dheeraj Singh Negi, S/o petitioners only on 18.11.2024 and she died under unnatural circumstances on 16.07.2025. Therefore, this Court is not inclined to interfere with the impugned FIR by exercising discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed in- limine .

¶24

Pending application, if any, stands disposed of accordingly.

¶25

(Pankaj Purohit, J.) 01.08.2025

¶26

AK

¶27

3

Guman Singh Negi Alias Guman Singh and Anr. v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Guman Singh Negi Alias Guman Singh and Anr. v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Madhu Kohli Vs State of Uttarakhand

Sanjiv Rao Vs Shalini

Gulshan Kumari Vs State of Uttarakhand

Kuldeep Singh Chauhan Vs State of Uttarakhand Senior Superintendent of Police Haridwar

Sarita Vs State of Uttarakhand Senior Superintendent of Police Haridwar

Sunil Dutt Vs State of Uttarakhand