Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5588 of 2019 Petitioner :- Rajesh Giri And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jyoti Giri,Rang Raj Giri Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Ms. Jyoti Giri, learned counsel for petitioners and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 20.01.2019 registered as Case Crime No. 0008 of 2019, under Sections 302 and 201 I.P.C., Police Station- Phulpur, District- Azamgarh.
In the F.I.R. in substance the allegation has been made that Kiran daughter of informant, was married to Rajesh Giri on 08.06.2002. At the time of marriage, informant gave dowry according to his capacity. Thereafter accused began to demand of Rs. one lac and in this relation to it they began to torture the deceased. Due to their wedlock, one daughter namely Shruti aged about 10 years and one son namely Pankaj aged about 5 years were born. On 05.01.2015 at 4:00 p.m. Ram Giri went to pacify the matter but the accused clearly stated in case Rs. one lac cash and one motorcycle is not given to them then they would kill the Kiran daughter of informant. Thereafter the daughter of informant is disappearing and is not traceable.
Counsel for the petitioners submits that F.I.R. has been lodged by way of order under Section 156(3) Cr.P.C. Although the threatening has been given on 05.01.2015 but for the reason best known to the informant he had waited till 11.12.2018 and thereafter application has been filed under Section 156(3) Cr.P.C. He submits that Smt. Kiran is not living with her husband and for restitution of conjugal rights Rajesh (husband) has filed matrimonial suit no. 688 of 2013 which is still pending. Thereafter Rajesh came to know that Smt. Kiran had married to one Dipu Giri. Dipu and Smt. Kiran have committed misconduct with Rajesh. Thereafter a complaint case under Section 323, 504, 506, 494 and 109 I.P.C. was also filed which was registered as complaint case 155 of 2015 in which the accused were summoned by the order dated 01.04.2015. Now on false allegation, present F.I.R. has been lodged in which not only the family members of the husband but the married sisters were also implicated as the accused. The F.I.R. is mala fide and is liable to be quashed.
We have considered the argument of learned counsel for petitioners. In the F.I.R., it has been stated that on 05.01.2015 accused have given threatening that in case their demand of Rs. one lac and one motorcycle is not satisfied then they would kill Smt. Kiran Giri and thereafter Kiran Giri is not traceable. Thus the F.I.R. clearly discloses cognizable offence of heinous crime and is not liable to be quashed. The fact whether Smt. Kiran voluntarily live with the company of her husband and married to another person or not, it is a matter of investigation. On this basis, no protection can be granted to the petitioners. Writ petition has no merit.
Accordingly, writ petition is dismissed. Order Date :- 28.2.2019 Sharad/-