Extracted from the PDF above. The PDF is authoritative.
2025:UHC:527 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. 907 of 2021 Hon’ble Manoj Kumar Tiwari, J.
There is no representation for the petitioners.
2. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand.
3. Petitioners have sought quashing of F.I.R./ Case Crime No. 497 2021, registered against them for offences punishable under Sections 498A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, at Police Station Manglaur, District Haridwar.
4. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. Perusal of the same reveals that specific allegations have been levelled against petitioners. Whether the allegations made in the FIR are correct or not cannot be gone into in a writ petition. It is a matter of trail.
5. Hon’ble Supreme Court has set out the parameters for quashing of FIR in the landmark judgment in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918. None of the test laid down in the said judgment, are met. Thus, there is no scope for interference with the impugned FIR.
6. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
10.01.2025 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13 1bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.01.10 18:43:34 +05'30'