Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34337 of 2018 Petitioner :- Pradeep Solanki And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Jai Prakash Singh, counsel for the petitioners and the Additional Government Advocate for the State.
The writ petition has been filed for quashing the F.I.R.dated 18.10.2018 registered as case crime no. 310 of 2018 under Sections 498A,304B,307 I.P.C.,and Section 3/4 Dowry Prohibition Act, Police Station Amapur, District Kashganj.
In the impugned F.I.R., it has been stated that the deceased Anita was married to the petitioner on 7.7.2016. In the said marriage, Rs.2 lacs and one Splender Motorcycle was given as dowry but in-laws were not satisfied and they demanded one chain and a ring and due to not fulfilment of these demand, they used to harass and assault the deceased. The informant arranged Panchayat in this regard but they were adamant on their additional demand of dowry. On 18.10.2018, information was given to the parents that their daughter was murdered.When they reached there they found their daughter was dead. When query was made from the in-laws in respect of death of daughter, one Rajesh became violent and attacked on the parents of the deceased. They received injuries. So far as Rajesh is concerned, he is not family member of the petitioner.
Counsel for the petitioners submits that the deceased was pregnant of nine months and she was admitted in the hospital on 18.10.2018 by the petitioner at Primary Health Centre Amapur at 10.25 am and the doctor of the Primary Health Centre, Amapur referred to District Hospital, Kasganj at about 10.31 am. and she died there. In the postmortem,one contusion on the leg of the deceased which cannot be said to be cause of death. Visra was preserved. As such , he submits that allegation of dowry death is false.
A perusal of the F.I.R. discloses cognizable offence against the petitioner, the prayer for quashing the F.I.R. in the aforesaid case is refused.
However, in the facts of the present case, the writ petition is disposed of directing that the petitioner shall not be arrested in ase crime no. 310 of 2018 under Sections 498A,304B,307 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Amapur, District Kashganj till submission of a police report under section 173(2) Cr.P.C.
Order Date :- 29.11.2018 aks