Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1712 of 2019 Petitioner :- Rajani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the petitioners and learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 16.11.2018 registered as Case Crime No.394 of 2018, under Sections 498A, 304B I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Sainya, District-Agra.
In the F.I.R. in substance the allegation has been made that Ranjana daughter of the informant, was married to Satya Prakash @ Pramod on 18.04.2018. After in night the accused started torture to the daughter of informant. In relation to demand of dowry. On the occassion of Dipawali the informant gave a Gold Chain to the accused. Thereafter, accused started to demand one Pulsar Bike as additional dowry. Due to non- fulfilment of demand of Pulsar Bike; the accused committed murder of his daughter by hanging her on 15.11.2018.
The learned counsel for the petitioners submits that the demand of bike is at the most related to the husband (Satya Prakash). The petitioners married sister of the Satya Prakash (husband) and his brother-in-law, they have no concern with the demand of dowry. The petitioners are residing in Delhi while the incident is alleged to have taken place in Agra. The petitioners have been falsely implicated on general allegations.
This F.I.R. discloses a cognizable henious offence thus it is not liable to be quashed.
However, it is directed that in case the petitioners appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously.
In the result, the writ petition is disposed of finally.
Order Date :- 22.1.2019/Rahul.