Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25865 of 2019 Petitioner :- Jitendra Kumar And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jalaj Kumar Tripathi,Saurabh Tripathi,Usha Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 06.12.2019 registered as Case Crime No. 517 of 2019 at P.S. Chandausi, District- Sambhal, under Sections 498-A, 304-B, 506 I.P.C. and section 3/4 D.P. Act.
The allegations in the impugned first information report are that informant's daughter Priyanka, who was married on 04.05.2009 to Jitendra Kumar (petitioner no.1) was being harassed in connection with demand of dowry. It is also alleged that on 22.11.2019, at about 6 pm, the informant was informed that his daughter Priyanka has been killed by her in-laws. On receipt of the information, the informant along with relatives, went to Priyanka's matrimonial home where he found Priyanka's body lying on the floor with injuries on her neck. The in-laws were not found in the house but others there captured the informant and next day, the informant's son- in-law and others arrived, got signatures of the informant on plain papers. Thereafter, last rites of informant's daughter was performed.
The contention of the learned counsel for the petitioners is that although the allegations may disclose commission of cognizable offence but an offence punishable under Section 304B of the Indian Penal Code would not be made out as admittedly the deceased died after seven years of her marriage. It has been submitted that the first information report is an afterthought which has been lodged after more than 10 days of the incident just to extort money from the petitioners and in fact, the informant's daughter had died a natural death.
Whether the informant's daughter died a natural death or she was murdered are all questions of fact which would have to be ascertained on the basis of material collected during the course of investigation and therefore, on the grounds taken, the prayer to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail.
Order Date :- 19.12.2019 Sunil Kr Tiwari