Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25674 of 2018 Petitioner :- Pinki @ Priyanka And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghvendra Pratap Singh,Abhishe Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 30.06.2018 registered as Case Crime No. 726 of 2018, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, P.S. Bhoganipur, District Ramabai Nagar (Kanpur Dehat).
Learned counsel for the petitioners submitted that the petitioner nos. 1 and 2 are the unmarried sisters-in-law (nanad) of the deceased while petitioner no. 3 is the father-in-law (sasur). He next submitted that the husband, mother-in-law and brother-in-law of the deceased have already been arrested and sent to jail. As regards the petitioner nos. 1 and 2 who are the unmarried sisters-in-law (nanad) of the deceased, they have falsely been implicated in the present case by the deceased's father, respondent no. 3. although, the deceased had committed suicide by hanging herself on account of some quarrel with her husband. The post mortem report of the deceased does not indicate any ante mortem injury. Two minor children of the deceased are now being looked after by the petitioner nos. 1 and 2 and they by no stretch of imagination can be said to be the beneficiaries of the dowry allegedly demanded by the deceased's husband and her torture and maltreatment by him for non-fulfillment of the alleged demands of dowry and in any view of the matter, their role is clearly distinguishable from that of petitioner no. 3 and hence the impugned F.I.R. qua petitioner nos. 1 and 2 is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner nos. 1 and 2 shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
As far as petitioner no. 3 is concerned, who is the father-in-law (sasur) of the deceased, the petition stands dismissed. However, it is directed that in case he appears before the court concerned within two weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 17.9.2018 SA