Allahabad High Court
Nizakat Ali And 6 Others vs State Of U.P. And 2 Others on 8 December, 2020
Bench: Bachchoo Lal, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. WRIT PETITION No. - 13502 of 2020 Petitioner :- Nizakat Ali And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A. Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioners for quashing of the impugned first information report dated 24/06/2020 registered as Case Crime No.0311/2020, under Sections 498A, 323, 506, 376 IPC and 3/4 D.P.Act, P.S. Jalalabad, District, Saharanpur, with a further prayer not to arrest the petitioners in pursuance of the aforesaid F.I.R.
Learned counsel for the petitioners submits that this is a case of no injury and there is no medical examination in respect of allegation of rape. The marriage of respondent no.3 was solemnized with petitioner no.1 in the year 2018. There is one male child from the wedlock of the petitioner no.1 and the respondent no.3. The respondent no.3 (victim) has made allegation of rape against her father-in-law, petitioner no.5, but the name of petitioner no.5 has not been disclosed in the F.I.R. for committing the incident of rape. Neither the petitioners have harassed or tortured the victim nor made any demand of dowry. This is a matrimonial dispute. The statement of victim under Section 164 Cr.P.C. has not been recorded till date. No offence is made out against the petitioner, therefore, impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. argued that the F.I.R. has been lodged against the petitioners with the allegation that the petitioners demanding Rs. 50,000/- cash and one car in dowry harassed and tortured to the informant/respondent no.3. In the F.I.R. allegation of rape has also been made by the victim/informant. From the allegations made in First Information Report, at this stage prima facie a cognizable offence is made out, therefore, impugned F.I.R. is not liable to be quashed.
The petitioners are named in the F.I.R.. As per the F.I.R. the marriage of respondent no.3/informant was solemnized with petitioner no.1 Nizakat Ali on 10.12.2018. It has further been mentioned that the petitioners were not satisfied with the dowry and they made a demand of Rs.50,000/- cash and one Car as an additional dowry, harassed and tortured to the informant/victim. Allegation of rape has also been levelled by the victim. From the allegation made in first information report, prima facie a cognizable offence is made out against the petitioners.
Considering the facts and circumstances of the case and submissions advanced on behalf of learned counsel for the parties, we do not find any ground to quash the impugned first information report. Hence, prayer for quashing the same is, hereby, refused.
Accordingly, the writ petition is dismissed.
Order Date :- 8.12.2020 pks