Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7374 of 2018 Petitioner :- Narendra Singh And 5 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Prashant Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri P.K. Singh, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated27.7.2017, registered as Case Crime No.250 of 2017, u/s 498-A, 304-B, 201, 506 IPC and 3/4 D.P. Act, P.S.
Chaubeypur, district Kanpur Nagar.
Learned counsel for the petitioners submits that the deceased died natural death on 25.7.2015 as she was suffering from some ailment regarding which death certificate dated 29.7.2015 is annexed on page 43 of the present petition. The marriage of petitioner no.1 and deceased was performed on 1.1.2009. The present FIR has been lodged after two years of the incident on the basis of application moved u/s 156(3) Cr.P.C.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.3.2018 Gaurav