Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14269 of 2018
Petitioner :- Kunware And Another
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarvesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard, learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 154 of 2018, under Sections- 498A, 304B IPC & 3/4 D.P. Act, P.S. Sarai Akil, District Kaushambi.
It has been informed to the Court that husband is not a party in the present case; cause of death is within seven years of marriage; cause of death is hanging; husband has already been arrested; petitioner no.1 is the father-in-law and petitioner no.2 is mother-in-law of deceased; entire family members have been implicated in the present case on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
So far as petitioner no. 2 (mother-in-law) is concerned, the following order is being passed;
After hearing learned counsel for petitioners and learned AGA, it is directed that in case, petitioner no. 2 appears and surrenders before the court below within 45 days from today and applies for bail, her prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till petitioner no.2 surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against her. However, in case, petitioner no. 2 do not appear before the Court below within the aforesaid period, coercive action shall be taken against her.
So far as petitioner no.1 (Father-in-law) is concerned, the
following order is being passed;
Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that petitioner no.1 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner no.1 shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 30.5.2018 T.S.