Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5041 of 2019 Petitioner :- Imran And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Khalil Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for the respondent nos. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 15.11.2018 registered as Case Crime No. 0659 of 2018, under Section 306 IPC, Police Station Mawana, District Meerut.
It appears that Shahana, the wife of respondent no.4 (informant), died of burn injuries.
The impugned first information report was lodged by Shahana's husband alleging that upon inquiry from Shahana, it was discovered that Imran son of Jully @ Julfikar (petitioner no.1) and Javed son of Islam (petitioner no.2), who brokered the marriage of Shahana with the informant, have been harassing her and, therefore, on account of harassment, she committed suicide.
It is alleged that the statement of Shahana was recorded before her death wherein she disclosed about her harassment.
Learned counsel for the petitioners has submitted that as to how and in what manner Shahana was being harassed by the petitioners, had neither been disclosed in the first information report nor in the statement of the deceased recorded before her death. It is also pointed out that the father of Shahana, namely, Nasimuddin, has moved an application before the Superintendent of Police alleging that death was on account of harassment meted out to Shahana by her husband and in-laws and, later, an application under Section 156 (3) Cr.P.C. to that effect has also been filed.
In the aforesaid background, learned counsel for the petitioners has submitted that the petitioners are entitled to protection.
Be that as it may, as it is not disputed that Shahana died unnatural death, the matter would have to be investigated and the cause of her death as also the person responsible for her death/abetement of suicide would have to be ascertained on the basis of material collected during the course of investigation. Therefore, the prayer of the petitioners to quash the first information report is not acceptable. It is expected that the police shall thoroughly investigate the matter and find out the culpability of the person responsible.
However, considering the facts and circumstances of the case, keeping in mind that the petitioners are not alleged to be Shahana's in-laws and as such no presumption would be available to the prosecution in respect to their guilt, we deem it appropriate to dispose off this petition, by providing that the investigation of the case shall continue and be brought to its logical conclusion, but, subject to their co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till the submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 25.2.2019 Lbm/-