In Residence Case :- CRIMINAL MISC. WRIT PETITION No. - 2914 of 2021 Petitioner :- Madhuri Sharma @ Chandni And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balbeer Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners and learned A.G.A and perused the record.
The petitioners herein seek for quashing of the FIR dated 06.02.2021 registered as Case Crime No.85 of 2021 under Sections 147, 328, 307, 323, 506 I.P.C P.S-Shikohabad, District- Firozabad.
It is contended that the First Information Report had been lodged on account of matrimonial dispute between the first informant and his wife Smt Rani Sharma. Their marriage was solemnised on 10.7.2019.
Submission is that the petitioners are the relatives of wife of respondent no.3 and they have been falsely implicated in order to harass them. In fact, the respondent no.3/first informant was demanding dowry and his wishes could not be fulfilled by the petitioner no.3 who is the mother-in-law of respondent no.3. It is stated that the petitioner no.1 was at the advance stage of pregnancy on the alleged date of incident. She had given birth to a child on 14.1.2021. This fact itself shows that the petitioners have been falsely implicated.
It is then informed by the learned counsel for the petitioners that two of the eight accused persons have been arrested by the police in the complaint-in-question.
Looking to the allegations though we do not find any reason to quash the First Information Report, but, it is provided that the petitioners shall not be arrested till submission of the police report under Section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not make any effort to influence any witnesses or tamper any evidence.
The writ petition is, accordingly, disposed of. Order Date :- 21.5.2021/Harshita