Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24170 of 2019 Petitioner :- Naresh Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishnakant Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 26.10.2019 registered as Case Crime No. 1209 of 2019 at P.S. Noida Sector 49, District Gautam Budh Nagar, U/s 498-A, 323 I.P.C. and 3/4 D.P. Act.
The allegations in the impugned first information report are to the effect that the informant, who had lost her husband, is being harassed and tortured by the accused persons.
The contention of the learned counsel for the petitioner is that since the husband of the informant has died, therefore the offence punishable under Section 498-A and 3/4 of Dowry Prohibition Act would not be made out.
The aforesaid contention is not acceptable because cruelty as defined by the Explanation to Section 498-A of the Indian Penal Code includes any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman and also includes harassment with a view to coercing her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. As it has been alleged that the informant is being harassed by her in-laws by extending taunts on her as also by coercing her to leave the matrimonial house, the matter would call for investigation and therefore the prayer of the petitioners 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 or anticipatory bail, as may be advised.
Order Date :- 26.11.2019 Saurabh