Dhanveer And 3 Others v. State Of U.P. And 3 Others

Heard learned counsel for the petitioners and learned AGA for the State. This writ petition has been filed with the prayer to quash the First Information Report, registered as Case Crime No. 59 of 2022, under Sections 498-A, 323, 324 IPC & Section 3/4 Dowry Prohibition Act, Police Station Bachhraun, District Amroha, on the ground that matrimonial dispute exists between the parties and that the matter could be referred to mediation. Ordinarily request to such a prayer is made on behalf of petitioners, but in the facts of the case we find the course not to be in the interest of justice. Learned AGA has produced the documents to show that various injuries have been caused to the informant's brother and father in the incident, in which the FIR itself has been lodged. Criminality part in the matrimonial dispute is therefore apparent on record. Once that be so, we are not inclined to refer the matter to mediation. Since prima facie allegations with regard to commissioning of cognizable offence is disclosed, the prayer made to quash the First Information Report is declined in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779, as also in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315. Writ petition, accordingly, is dismissed. Dismissal of this writ petition will not preclude the petitioners from seeking appropriate protection under the Code of Criminal Procedure, which shall be dealt with on its own merit and in accordance with law. Order Date :- 29.4.2022 Anil PATEL Reason: Location: High Court of Judicature at Allahabad