Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5248 of 2018 Petitioner :- Rajeev Kumar Prajapati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri A.C. Tiwari and I.K. Chaturvedi, learned counsel for the petitioners, Sri R.K. Mishra, learned brief-holder for the State and perused the record.
This petition has been filed with the prayer to quash the F.I.R. dated 20.2.2018, registered as Case Crime No.73 of 2018, u/s 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Panki, district Kanpur Nagar.
Learned counsel for the petitioner submits that petitioner is the father-in-law of the deceased. The marriage between the son of petitioner namely Rajat Kumar Prajapati and daughter of respondent no.4 was solemnized in on 23.11.2017. The petitioner was not present on the date and time of the incident at the place of occurrence as admittedly he was at Chhatisgarh and returned in the night. The deceased was having affair with a boy and when the said fact came into knowledge by her husband, she committed suicide on account of insult. The mother-in- law of the deceased is already confined in jail. There was one abraded contusion on the face of the deceased which can be result of hanging. The impugned FIR has been lodged by the respondent no.4 roping in the entire family of his daughter's husband containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. Hence the impugned FIR is liable to be quashed.
Learned brief-holder opposed the prayer for quashing 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 and the fact that the petitioner is the father-in-law of the deceased, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018 Gaurav