Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2321 of 2019 Petitioner :- Gudiya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 7.11.2018, registered as Case Crime No. 665 of 2018, under Section 302 IPC, P.S. Bahjoi, District Sambhal.
It appears that the FIR was lodged by the brother-in-law (jija) of the deceased alleging that the deceased has been served poison by the accused person. Four persons were made accused including Gudiya (petitioner), who happens to be wife of the deceased.
It appears that during the course of investigation, on the basis of statement of some person, the offence has been converted to one punishable under Section 306 IPC.
The contention of learned counsel for the petitioner is that the evidence that has been collected so far does not disclose that the petitioner had abetted commission of suicide by the deceased and, otherwise, there is no legal presumption on the basis of which liability of such offence could be fasten on the petitioner.
Learned AGA has opposed the prayer to quash the FIR by stating that, admittedly, the petitioner was residing with the deceased at the time when the deceased died and it is proved on record that the deceased had consumed poison. Under the circumstances, it is a matter of investigation and evidence as to how the deceased consumed poison. Since the petitioner is wife and the allegations are that she had relations with another person and had motive to get involved in such an offence, it has been prayed that the writ petition be dismissed.
We have perused the record and have considered the rival submissions.
Considering the fact that the petitioner had been residing with her husband and the husband has consumed poison and motive has been attributed, we do not find it to be a fit case, where, in exercise of writ jurisdiction, we may quash the FIR and the consequential investigation.
The writ petition is dismissed.
Order Date :- 29.1.2019 RavindraKSingh