Hon’ble Allahabad High Court while dealing with the case of Raj Kumar Viral and 9 Others v. State of U.P and 2 Others here on 28-01-2019 stated that the quashing of any FIR or other criminal proceeding directly depends upon the nature of allegations raised upon the petitioners.

BRIEF FACTS OF THE CASE

Marriage of complainant, Smt. Pallau Chaudhary (respondent no.3) was solemnized with Raj Kumar Viral (petitioner no. 1) on 13.12.2017 but unfortunately the couple could not adjust and an FIR was lodged against the petitioner for the offence under Sections 498A, 323, 324, 313, 506 of I.P.C, and Section 3/4 of Dowry Prohibition Act.

It has been pleaded in the petition that the complainant was compelling her husband to live separately in her parental house and when petitioner no.1 has refused to fulfil her demand; totally a false report has been lodged. As per the petitioners, the allegations are baseless and if the petitioners are arrested, chances of amicable settlement would be remote. 

Thus the petitioner filed this writ petition to quash the FIR dated 18.10.2018 in respect of Crime No. 961 of 2018 for the offence under Sections 498 A, 323, 324, 313, 506 of I.P.C, and Section 3/4 of Dowry Prohibition Act, P.S. Kotwali City, District Bijnor. 

DECISION OF THE COURT

Hon’ble High Court held that the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings. Court further held that the quashing of any FIR or other criminal proceeding directly depends upon the nature of allegations raised upon the petitioners.

Hence, this petition was dismissed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6958027