Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16142 of 2019
Petitioner :- Asha And Another
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.K.Dwivedi, learned counsel for the petitioners, Mrs. Archana Singh, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 14.12.2018, registered as Case Crime No.1427 of 2018, under Sections 498A, 323, 504, 506, 302, 120-B I.P.C.,Police Station Kotwali, District Mathura.
Learned counsel for the petitioners submits that the petitioners are the mother-in-law and father-in-law of the victim respectively and have been falsely implicated in the present case.After marriage the deceased along with the her husband Naresh started living separately from the petitioners and the petitioners did not have any concern with deceased and her husband. The petitioners had never demanded any dowry from the deceased. The allegations levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that there is dying declaration of the deceased against the petitioner. Though the allegation of setting ablaze the deceased has been levelled against her husband Naresh who is confined in jail, but participation of the petitioners for harassment of the deceased cannot be ruled out.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 11.6.2019/NS