Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10861 of 2018 Petitioner :- Gulsarina Khatoon And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Narain Pathak Counsel for Respondent :- G.A.,Mohd. Samiuzzaman Khan Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri M.N.Pathak, learned counsel for the petitioners, Sri Mohd. Samsulzzaman Khan, learned counsel for the caveator, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 20.4.2018, registered as Case Crime No.7 of 2018, under Sections 498-A & 304-B I.P.C. and 3/4 D.P. Act, Police Station Tarkulwa, District Deoria.
It has been submitted by the petitioners that the the petitioners are unmarried Nanad and married Nanad of of the deceased respectively and have been falsely implicated in the present case, as the marriage between the deceased and co-accused Javed who is brother of the petitioner was solemnized on 31.1.2018. He further submits that the impugned FIR has been lodged by the respondent no.4 roping in the entire family of her daughter's husband, containing absolutely false, concocted, vague and sweeping allegations against them. It has next been submitted that apart from the bald allegations made in the FIR, no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner no.1, hence the impugned FIR is liable to be quashed.
Per contra, learned counsel for the caveator and learned AGA for the State submitted that the impugned FIR and submitted that the deceased died within three months of her marriage in her matrimonial home and cause of death is strangulation.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.1 who is unmarried girl shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no2. 2 to 4 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018/NS