2025:UHC:350 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 572 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. None present for the petitioners. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioners have sought quashing of F.I.R. No. 194 of 2021, registered against them for offence punishable under Sections 323, 354, 377, 498-A, 504 & 506 of I.P.C. and 3 & 4 of Dowry Prohibition Act, 1961 in Police Station Ram Nagar, District Nainital. 4. Learned State Counsel, on instructions, submits that, upon investigation, charge sheet has been filed only against petitioner no. 2 and petitioner no. 1 was dropped, as sufficient evidence was not found against her. Thus, he submits that writ petition has become infructuous qua petitioner no. 1. 5. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offences levelled against the petitioner no. 2 are made out. 6. Whether the allegations are correct or not cannot be examined in a writ petition. It is a matter of trial. 7. Hon’ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, 2025:UHC:350 reported in AIR 2021 SC 1918, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters. 8. Having regard to the law laid down by Hon’ble Supreme Court in the aforesaid case, there is no scope for interference with the impugned FIR while exercising extraordinary power under Article 226 of the Constitution. 9. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 08.01.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FB B0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.09 13:28:07 +05'30'