Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 8415 (UTT)

SHAHNAWAZ v. STATE OF UTTARAKHAND

WPCRL/1473/2021 · 2025-02-18

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1110 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. 1473 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. None present for the petitioners. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioners have sought quashing of F.I.R. No. 0493 of 2021, registered against them for offence punishable under Sections 498-A, 323, 504 & 506 of I.P.C. and 3/4 of Dowry Prohibition Act and 3/4 Muslim Women (Protection of Rights of Marriage) Act, 2019 in Police Station Kotwali Roorkee, District Haridwar. 4. Learned State Counsel, on instructions, submits that, upon investigation, charge sheet has been filed only against petitioner no. 1 and charge-sheet was not filed against petitioner no. 2, as no evidence was found against her. Thus, he submits that writ petition has become infructuous qua petitioner no. 2. 5. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offences levelled against the petitioner no. 1 are made out. 6. Whether the allegations are correct or not cannot be examined in a writ petition. It is a matter of trial. 7. Hon’ble Supreme Court in the case 2025:UHC:1110 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. 8. Having regard to the law laid down by Hon’ble Supreme Court in the aforesaid case, there is no scope for interference with the impugned FIR while exercising extraordinary power under Article 226 of the Constitution. 9. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 18.02.2025 Aswal 2025:UHC:1110