Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7728 of 2018 Petitioner :- Anil Kumar And 6 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Vijay Tripathi,Sujan Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Shashi Kant,J.
Heard Sri Vijay Tripathi and Sri Sujan Singh, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 1.3.2018, registered as Case Crime No.140 of 2018, u/s 498-A, 304-B, 307, 504, 506 IPC and u/s 3/4 D.P. Act, P.S. Nawabganj, district Fatehgarh.
Learned counsel for the petitioners submits that the petitioner no.2 is the husband of the deceased. The marriage between the two was solemnized on 11.3.2016. The deceased who was pregnant, had delivered a child on 11.2.2017, regarding which birth certificate is annexed on page 18 of the present petition. On the same very day at about 2 a.m. on 12.2.2017, the deceased died due to cardiac respiratory arrest as is evident from the certificate issued from Manisha Nursing Home, photocopy of the same is annexed on page 23 of the present petition. After one year of the incident, the present FIR has been lodged against the husband of the deceased and his family members on 1.3.2018, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Shashi Kant, J.) (Ramesh Sinha, J.) Order Date :- 29.3.2018 Gaurav