Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16168 of 2019 Petitioner :- Babita Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Y.P. Singh, learned counsel for the petitioner, Sri G.P. 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 by the petitioner with a prayer to quash the F.I.R. dated 21.5.2019 registered as case crime no. 178 of 2019 under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, police station Dhalauna, District Hapur.
Learned counsel for the petitioners submits that the petitioner is the sister-in-law of the deceased. The marriage of the brother of the petitioner, namely, Indrapal was solemnized with the deceased in the year 2017. Only general allegation has been levelled against the petitioner. There is no eye witness account of the incident nor there is any dying declaration of the deceased against the petitioner, hence the present F.I.R. against her is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 she shall co- operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from co-accused Indrapal-husband of the deceased.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Shiraz