Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5133 of 2018 Petitioner :- Menika Devi@ Menika Bind Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Abhishek Tripathi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Abhishek Tripathi, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 18.10.2017 registered as Case Crime No.246 of 2017, under Sections 306, 323 I.P.C., Police Station Bara, District Allahabad.
Learned counsel for the petitioners submits that the petitioner is wife of the deceased as the marriage between the the petitioner and son of respondent no.3, namely, Ram Janam was solemnized three years ago. He further submits that the petitioner had delivered a child 22 days prior to the date of incident. The allegation which have been levelled against the petitioner that the deceased who was her husband was assaulted and insulted by the petitioner and her family members, on account of which he committed suicide, does not prove to be correct. He further submits that the deceased committed suicide at his own house. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Taking into account the fact that the petitioner had delivered a child 22 days prior to the incident, considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co- operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioner is distinguishable from the case of co-accused persons.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 28.2.2018/NS