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2025:UHC:4859
HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 601 of 2025 12 June, 2025
Inam Ali And Ors. --Petitioners
Versus
State Of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Vaibhav Singh Chauhan, learned counsel for petitioners. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 to 3. Hon'ble Pankaj Purohit, J.
Heard learned Counsel for the parties. 2. By means of the present writ petition, petitioners has put to challenge the FIR No.0189 of 2025 dated 09.05.2025, under Sections 115(2), 351(2), 74, 85 of the B.N.S. Act, 2023 and under Section 3/4 of the Dowry Prohibition Act, 1961, registered with Police Station Bahadrabad, District Haridwar, as well as for a direction to respondent No.2 not to arrest the petitioner pursuant to the aforesaid FIR. 3. The brief facts of the case are that the marriage of respondent No.4 was solemnized with petitioner No.4 on 22.06.2024 as per Muslim Rites and Rituals and just after the marriage, petitioners started demanding a motorcycle and three lakh rupees cash. It is further stated that petitioner No.3 keeps bad eye on respondent No.4 and touches her private part when she was alone and on 08.05.2025, 1
2025:UHC:4859 when the brothers of respondent No.4 visited her matrimonial house, petitioners had assaulted them and broke the teeth of Haseen. 4. It is contended by learned counsel for the petitioners that the real sister of respondent No.4 is also married to petitioner No.1 and she is staying happily without any demand of dowry and for that she submitted an affidavit dated 30.05.2025 before IO of this case, in that affidavit, she had categorically mentioned that she and respondent No.4 were never harassed for the demand of dowry. It is further contended by him that the brothers of respondent No.4 assaulted the mother of petitioner No.1 and caused her severe injuries, for which petitioner No.1 has lodged an FIR No.190 of 2025 dated 09.05.2025 under Sections 109, 115(2), 333, 351(3) and 352 of the BNS Act at P.S. Bahadrabad, District Haridwar, thus, the impugned FIR filed by the respondent No.4 is a counterblast. 5. Learned counsel for the petitioners submits that the present FIR has been lodged on the basis of false and vague assertions; petitioners are innocent persons and they have not committed any crime nor they ever demanded any dowry.
He also submits that the petitioners have already been granted anticipatory bail vide order dated 21.05.2025 by learned I/c Sessions Judge, Haridwar. 6. Per contra, learned State Counsel supported the story narrated in the FIR and submits that prima- facie, the offences are made out against the petitioners. 2
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7. From perusal of the first information report, this Court is of the view that prima-facie, the commission of cognizable offence is made out against the petitioners. The offences alleged against the petitioners are very serious in nature, therefore, this Court doesn’t want to interfere with the impugned FIR. Moreover, prima-facie, the offences are made out. They deserve no protection from this Court. Accordingly, the present criminal writ petition is dismissed in-limine. (Pankaj Purohit, J.) 12.06.2025 PN
3 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331b ac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE06 4498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.06.13 15:07:05 +05'30'