Neutral Citation No. - 2025:AHC:38329-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5001 of 2025 Petitioner :- Subhash @ Dharmendra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Sharma,Vijay Puri Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Shri Gaurav Sharma alongwith Shri Vijay Puri, learned counsel for the petitioners and Shri Amit Sinha, learned A.G.A.I for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 19.02.2025, registered as Case Crime No.20 of 2025, under Sections 85, 80(2), 115(2) and 351(2) of BNS, 2023 and Section 3/4 D.P. Act, Police Station Airwakatra, District Auraiya. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Submission of the learned counsel for the petitioners is that there is delay of about 7 days in lodging of the impugned first information report. The alleged incident had taken place on 12.02.2025 whereas the impugned FIR was lodged 19.02.2025. It was further submitted that the post mortem report also does not support the prosecution version as narrated in the impugned FIR. It is submitted that the petitioner no.1-Subhash alias Dharmendra, husband of the deceased lives in Gurgaon and allegation are against three other accused persons and not against the husband-petitioner no1 herein, therefore, the impugned FIR is liable to be quashed. 4. Per contra, learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. We find that the marriage was solemnized on 30.05.2021 and unnatural death had taken place inside the matrimonial house within 7 years of marriage and there is no sufficient explanation for such unnatural death. 6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 7. The writ petition is accordingly dismissed. Order Date :- 18.3.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad