Neutral Citation No. - 2025:AHC:93409-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 11382 of 2025 Petitioner :- Mulakraj Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Gajendra Singh Chauhan,Vivek Singh Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioner with the prayer to quash the FIR dated 11.12.2024 giving rise to Case Crime No. 498 of 2024, under Sections 85, 108 of Bhartiya Nyay Sanhita (BNS), 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Saharanpur. 3. Learned counsel for the petitioner has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA has vehemently opposed the said prayer and has submitted that perusal of the post-mortem report shows that there are injuries on the person of the deceased and the petitioner is the husband of the deceased. 5. Learned AGA has further submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioner, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 6. Having considered the rival submission made by learned counsel for the parties and taking into consideration the fact that perusal of the post-mortem report shows that there are injuries on the person of the deceased and the petitioner is the husband of the deceased and the relevant law cited by learned AGA for the State and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed. 7. 7. The prayer for quashing the impugned first information report is therefore refused. 8. The instant writ petition is accordingly dismissed. Order Date :- 30.5.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad