Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25765 of 2019 Petitioner :- Pratish Krishna And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwini Kumar Ojha Counsel for Respondent :- G.A.,Sanjay Srivastava Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 24.11.2019 registered as Case Crime No. 1132 of 2019, under Section 498A, 506, 304-B I.P.C. and 3/4 of Dowry Prohibition Act at Police Station- Chakeri, District- Kanpur Nagar.
As per F.I.R., the daughter of respondent no.3 was married to one Harshit Krishna. In-laws of victim were not satisfied with the dowry given at the time of marriage and for non-fulfilment of additional dowry, they used to torture her so much that she committed suicide by hanging on 23.11.2019 at about 5.00 p.m.
It is submitted by the learned counsel for the petitioners that the petitioners have not committed any offence as alleged in the F.I.R. Petitioners are unmarried brothers-in-law(devar) and sister-in-law (nanad) of the victim. After marriage, the daughter of respondent no.3 was residing with her husband at the place of his posting. They have been implicated with false and fabricated allegations only to harass them. Even if the allegations are accepted at its face value no offence is made out against the petitioners. Hence, impugned F.I.R. may be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed off.
Order Date :- 18.12.2019 SY