Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30787 of 2018 Petitioner :- Harish And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Darwari Lal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners, Shri Rajesh Kumar Verma, learned counsel for respondent No. 3 and the learned A.G.A. for the State-respondents.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in Case Crime No. 870 of 2018, under sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, PS Bahedi, District Bareilly.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by respondent No. 3 roping in the entire family of son-in-law Ratan Lal including his brothers, father and mother. It is further submitted by the learned counsel for the petitioners that the deceased had died during the child birth as a result of rupture of uterus as is evident from the post-mortem report (Annexure-3). The post mortem report of the deceased further does not indicate any ante-mortem injury. It is next contended that as on date, no evidence on record even prima facie indicating that that death of the deceased is homicidal, and hence, the impugned FIR, which is a product of malice and bundle of lies, is liable to be quashed.
Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.10.2018 Sazia