MANU DEVI VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this writ application, the petitioners have prayed for issuance of a writ of certiorari quashing the FIR No. 410 of 2022, registered by the SHO at PS Ranipur, District Haridwar, for alleged commission of offences under Ss. 498-A, 323, 504 and 506 of the Penal Code and Sec. of the Dowry Prohibition Act, 1961. The FIR is dtd. 28/8/2022.

(2.) The main plank of arguments by learned counsel for the petitioners is that prior to lodging of the FIR against the petitioners, an FIR has been lodged against the complainant and her relative on 22/8/2022 for alleged commission of offence under Sec. s 147, 323, 452, 504, and 506 of the Penal Code. Learned counsel for the petitioners further submits that there is CCTV Footage as well as the Photographs of about 13 persons entering into the house of the petitioners and assaulting them.

(3.) It is the submission of learned counsel for the petitioners that the present FIR has been lodged by the complainant with intent to abuse the process of law, and as a counterblast of the FIR lodged against her relative. However, this Court is of the opinion that it is a settled principle of law that only because an FIR is lodged prior to the FIR sought to be quashed, it cannot be a ground for quashing of the FIR, if the fact alleged in the FIR is sought to be quashed reveals a cognizable case of the offences alleged therein. It is apparent from the complainant's FIR that the petitioner no. 1 was given 25 lacs Rupees by the parents of respondent no.3 in the marriage held in the month of April, 2021. Later on, there was a demand for an additional dowry of Rs.3.00 lacs and there was alleged torture on her.