Allahabad High Court
Vikas Mishra @ Vikas Chandra Mishra & ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 5 August, 2021
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 16694 of 2021 Petitioner :- Vikas Mishra @ Vikas Chandra Mishra & Ors. Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. & Ors. Counsel for Petitioner :- Srees Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Ajay Pratap Singh 'Vatsa', learned counsel for the petitioners, Shri Arunendra, learned AGA for the State-respondents and Shri Sanjeev Shukla, learned counsel for the private respondent no.3.
Shri Sanjeev Shukla, learned counsel appearing on behalf of the private respondent no.3 has filed his Caveat in the Registry of this Court on 02.08.2021, but the same is not on record. Office is directed to trace out the same and place it on record.
Medical Examination Report of the victim- respondent no.3, filed by her counsel Shri Sanjeev Shukla, learned counsel is taken on record.
The present writ petition has been filed by the petitioners, seeking quashing of the impugned F.I.R. dated 26.07.2021 lodged as FIR No.295 of 2021, under Sections 498-A, 323, 504, 342 of I.P.C. and 3/4 Dowry Prohibition Act, at police station Gangaghat, District Unnao with a further prayer to stay the arrest of the petitioners.
Learned counsel for the petitioners argued that the petitioner no.1 is the mother-in-law, petitioner no.3 is the brother-in-law and petitioner no.4 is unmarried sister-in-law and petitioner no.5 is the married sister-in-law, of respondent no.3. It is further submitted that marriage of petitioner no.1 and respondent no.3 was solemnized around three years back and from their wedlock a son was born who is presently aged about 11 months.
It is further submitted that after the marriage, respondent no.3 has been pressurizing the petitioner no.1 to live separately from his family and when the petitioner no.1 had a paralysis attack the respondent no.3 is refusing to live with him and has also lodged the present impugned FIR against the petitioners just for harassment and with oblique motive, hence the present impugned FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioner in the impugned FIR that the petitioners for demand of dowry have harassed, abused and assaulted the respondent no.3. It is further mentioned that even though in between the respondent no.3 and her husband had reconciled, but the petitioners again kept on assaulting and harassing her, on account of which she sustained six injuries on her person, which is also evident from the impugned FIR as well as medical report, therefore, the present writ petition is liable to be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners that they kept on harassing and assaulting the respondent no.3, which is clearly evident from the medical examination report, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Saroj Yadav, J.)(Ramesh Sinha, J.) Order Date :- 5.8.2021 Arnima