IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1077 Of 2009 Smt.Santosh …………..Petitioner Versus State of Uttarakhand & others ………….Respondents Mr. B.B.Sharma, learned counsel for the Petitioner. Mr. Nandan Arya, learned A.G.A. for respondent no.1 to 4. Dated: December 14th , 2009 Hon’ble Alok Singh, J. Heard Sri B.B.Sharma, learned counsel for the petitioner and Sri Nandan Arya, learned A.G.A. for the respondent nos.1 to 4. By way of present petition under Article 226 of Constitution of India, petitioner is assailing F.I.R., case crime no. 308/2009 under Section 304-B I.P.C.,P.S. Kotwali Gangnahar Roorkee, District Hardwar. Sri B.B.Sharma, learned counsel for the petitioner argued that petitioner is sister-in-law(husband’s sister) of the deceased. Petitioner lives in Saharanpur at her matrimonial home and she has no concern with the matrimonial affair of her brother. He further stated that on the date of incident i.e. 17.11.2009 petitioner was not at Roorkee. Her name was falsely shown in the F.I.R. just to settle score and put undue pressure. In a case for quashing of the F.I.R. the only thing, which can be seen by this court at this stage is as to whether contents of the F.I.R. make out any prima facie offence against the petitioner or not. Appreciation of evidence or defence likely to be taken during the trial is not permissible to be taken into consideration at this stage. I have perused the F.I.R.. It is specifically mentioned in the F.I.R. by the complainant/informant that petitioner alongwith her mother and brother soon before the death of the deceased demanded dowry from the deceased and deceased has informed her father soon before her death on phone that petitioner and mother-in-law and husband are adamant to kill the deceased. In my opinion prima facie case is made out against the petitioner. In view of the above, no interference is called for at this stage. Petition is devoid of merit, hence is dismissed summarily. C.L.M.A. No. 10864/2009 stands disposed of. (Alok Singh, J.) 14.12.2009 Nishant