Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14479 of 2018
Petitioner :- Bhagwati Devi And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyaveer Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0078 of 2018, under Sections- 498A, 304-B, 201 IPC & Section 3/4 D.P. Act, P.S.- Fariha, district-Firozabad.
Learned counsel for the petitioners submitted that husband is not a party in the present writ petition; it has been mentioned in para no.14 that the husband is in jail; marriage is of the year 16.05.2017; incident took place on 25.04.2018; petitioner no.1 is the aunty (bua) and petitioner no.2 is the uncle (tau) of the deceased and petitioner nos. 3, 4, 5 and 6 are persons of the same village; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2018 Radhika