Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16100 of 2019 Petitioner :- Nirdesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Wahid Jamal,Pushpendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Pushpendra Singh, learned counsel for the petitioners, Ms Archana Singh, 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 by the petitioners with a prayer to quash the F.I.R. dated 22.4.2019 registered as case crime no. 0337 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 of D. P. Act, P.S. Kotwali City, District Bulandshahr.
Learned counsel for the petitioners submits that petitioner No. 1 is unmarried nanad and petitioner no. 2 is mother in law of the deceased. It is further submitted that marriage of sister of respondent no. 3 was solemnized on 7.3.2019 with co accused Chattan Singh who is brother of petitioner no. 1 and son of petitioner no. 2 and the petitioners have been falsely implicated in the present case by respondent no. 3 by levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court. It is further submitted that the cause of death of deceased is reported to be antimortem hanging. It is further submitted that it has come during investigation that just before date of incident deceased was found talking with someone on unknown number and there may be other reasons for committing suicide and the petitioners have no role in the commission of the offence as alleged against them.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh