Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37603 of 2018 Petitioner :- Kusum Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Misra,Sri Viresh Misra (Sr.Adv.) Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard SriSri Viresh Misra (Sr.Adv.), learned counsel for the petitioner, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R, dated 16.11.2018 registered as Case Crime No. 1065 of 2018, under sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Kotwali Shahr District Bijnor.
Learned counsel for the petitioner contended petitioner is the mother-in-law of the deceased and has been falsely implicated in the present case. She has no concern with the incident and the present F.I.R. is totally false, fabricated and baseless Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits petitioner is the mother-in-law of the deceased and has been falsely implicated in the present case. She has no concern with the incident. Solitary purpose of initiating the present prosecution is to harass and blackmail the petitioner. It is further contended that the victim did not die under unnatural circumstances, as she was admitted in hospital and died therein but the doctor could not ascertain the cause of death of the victim, viscera was preserved. He next submitted that F.I.R. was also lodged belated, no presumption of dowry death can be drawn against the petitioner, allegations are absolutely false, frivolous and baseless, from perusal of the FIR, no offence is made out against the petitioner, same be quashed.
Per contra learned A.G.A, opposed the prayer for quashing of the F.I.R, by stating that admittedly, daughter of the informant was done to death within 7 years of her marriage as she was subjected to demand of dowry soon before her death, therefore, no ground to quash the F.I.R. is made out.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioner.
This writ petition is accordingly, dismissed.
Order Date :- 21.12.2018 Ashok Gupta