Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7801 (UTT)

MANU DEV MANOJ NAUTIYAL v. STATE OF UTTARAKHAND

WPCRL/1293/2021 · 2025-02-14

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1025 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. 1253 of 2021 Hon’ble Manoj Kumar Tiwari, J. There is no representation for the petitioners. 2. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. 3. Petitioners have sought quashing of FIR No. 470 of 2021, for offences punishable under Sections 498-A, 323, 504 & 506 IPC and Section 3/4 of Muslim Women (Protection on Marriage) Act, 2019, registered at Police Station Gangnahar, District Haridwar. 4. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioners. He thus, submits that the writ petition has become infructuous. 5. The writ petition would not become infructuous by filing of charge-sheet and FIR can be quashed, if ingredients of the offence are not made out. 6. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. The allegations against the petitioners are serious and specific, and the ingredients 2025:UHC:1025 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. In view of parameters laid down by Hon’ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918, 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.) 14.02.2025 Navin 2025:UHC:1025