Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1098 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.1251 of 2021 Hon’ble Manoj Kumar Tiwari, J.
Ms. Annanya Jain, Advocate, holding brief of Mr. Sandeep Kothari, Advocate for the petitioners.
Mr. K.S. Bora, Deputy Advocate General and Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand.
2. Petitioners have sought quashing of F.I.R./Case Crime No.259 of 2021, for offences punishable under Sections 498- A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, registered at Police Station Nehru Colony, District Dehradun.
3. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioner no.1 and since evidence collected during investigation in respect of other petitioners was not found sufficient to prosecute them, therefore, charge sheet was not filed against them. He thus, submits that the writ petition has become infructuous qua all the petitioners, except petitioner no.1.
4. Since the writ petition has not become infructuous qua petitioner no.1, therefore, this Court has to examine validity of the F.I.R.
5. Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal, reported in 1992 Supp. (1) SCC 335, has laid down the tests, which have to be applied by High Court while considering prayer for quashing of F.I.R. In the case
2025:UHC:1098 of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918, those tests were reiterated.
6. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. The allegations against the petitioners are specific and the ingredients of the offences are made out. Whether the allegations made in the F.I.R. are correct or not, cannot be examined at this stage. It is matter of trial.
7. Thus, this Court does not find any reason to interfere with the impugned F.I.R.
8. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
18.02.2025 Arpan