Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1267 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPCRL No.120 of 2025
Hon’ble Pankaj Purohit, J.
Mr. P.S. Dhami, learned counsel for the petitioner, appeared through video conferencing.
2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli and Ms. Sweta Badola Dobhal, learned Brief Holders for the State of Uttarakhand/respondent Nos.1 & 2.
3. By means of the present criminal writ petition, petitioner has challenged the FIR No.6 of 2024 dated 12.12.2024 registered with Police Station Women Almora, District Almora under Sections 323, 498-A, 504 IPC, under Section 3/4 of the Dowry Prohibition Act, 1961 and under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
4. It is contended by the learned counsel for the petitioner that no offence has been made out against the petitioner, from the perusal of the averment made in the FIR. He further contended that the dispute is matrimonial discord which can be settled in any moment of time with the intervention of elderly persons of the society, therefore, the petitioner deserves some protection by this Court.
5. Per contra, it is contended by learned State Counsel that the FIR discloses the commission of the cognizable offences at the hands of petitioner.
2025:UHC:1267
6. Having heard the rival submissions made by the learned counsel for the parties and on perusal of the FIR, this Court is of the view that prima-facie, the commission of cognizable offences is made out against the petitioner and this Court is not a fact finding Court to look into as to whether the offence is proved or not at this stage. This Court doesn’t want to interfere with the impugned FIR. Moreover, the petitioner does not fall within the parameters given in the case of Neeharika, Infrastructure Private Limited Vs. State of Maharashtra and others reported in (2021) 19 SCC 401, therefore, this Court declines to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India.
7. Accordingly, the criminal writ petition is dismissed in-limine.
8. Pending application also stands disposed of.
(Pankaj Purohit, J.)
21.02.2025 PN