Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33627 of 2018 Petitioner :- Asha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 31.10.2018 registered as Case Crime No.2461 of 2018, under Sections 498A, 307, 304B, 506 IPC and 3/4 D.P. Act, P.S.- Loni, District- Ghaziabad.
It is submitted by learned counsel for the petitioner that the petitioner is the married sister-in-law of the deceased living separately from her and her husband much before the incident and therefore, she cannot be said to be either the beneficiary of the additional dowry allegedly demanded from the deceased by her husband or to have maltreated/tortured the deceased in her matrimonial home. It is further submitted that husband of the deceased has been arrested and sent to jail and the petitioner's case is clearly distinguishable from that of the husband of the deceased.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 26.11.2018 Shalini