Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7510 of 2018 Petitioner :- Prempal And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Chandra Shekhar Kushwaha Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri C.S.Kushwaha, learned counsel for the petitioners, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 28.2.2018, registered as Case Crime No.210 of 2018, under Sections 306, 498A I.P.C., Police Station Jewar, District Gautam Buddh Nagar.
It has been submitted by the petitioners that the marriage between the the co-accused Bhanwarpal and sister of respondent no.3 was solemnized in the year 2009. He further submits that the petitioners are brother-in-law and mother-in-law of sister of respondent no.3 and they are living separately from the other accused persons. The co-accused Bhanwarpal (husband) and Harpal (father-in-law) are already confined in jail in the present case. He further submits that there is no evidence against the petitioners that they have abetted the deceased to commit suicide. He further submitted that the impugned FIR has been lodged by the respondent no.3 roping in the entire family of his sister's husband containing absolutely false, concocted, vague and sweeping allegations against them. No offence is made out against the petitioners, hence the impugned FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, 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 they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
It is made clear that the present order will be given effect to if the post mortem report of the deceased does not contain any injury except the ligature mark as the post mortem report has not been annexed with the present petition.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.3.2018/NS