Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1140 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
UWPCRL/1459/2021 UHon’ble Manoj Kumar Tiwari, J.
Mr. Kaushal Sah Jagati,
learned counsel for the petitioners.
Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.
2. Petitioners have sought quashing of FIR No. 300 of 2021, for offences punishable under Sections 498-A, 323, 504 IPC, Section 3/4 of Dowry Prohibition Act and Section 3 and 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019. The said FIR was registered at P.S. Kashipur, District Udham Singh Nagar on 07.08.2021.
3. Learned State Counsel submits that, upon investigation, charge sheet has been filed in the matter on 09.09.2021. Thus, it is contended that writ petition has become infructuous. The said contention, however, cannot be accepted. Mere filing of charge sheet will not render the writ petition infructuous.
4. 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, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters.
5. The impugned F.I.R. is on record as
2025:UHC:1140 Annexure No. 3 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offence levelled against the petitioners is made out.
6. Whether the allegations are true or untrue, would have to be decided in trial. While exercising power under Article 226 of the Constitution, this Court is not expected to embark upon an enquiry into, whether there is reliable evidence or not. It is not a case where FIR does not, disclose any offence. None of the parameters laid down by Hon’ble Supreme Court, for invoking power under Article 226 of the Constitution for quashing an FIR, are met in the present case.
7. In such view of the matter, there is no scope for interference with the impugned FIR while exercising extraordinary power under Article 226 of the Constitution.
8. Accordingly, the writ petition fails and is dismissed.
9. Pending application(s), if any, stand
disposed of.
(Manoj Kumar Tiwari, J.)
18.02.2025 Mahinder