Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25760 of 2019 Petitioner :- Ram Krishna Yadav And Another 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 petitioners and the learned A.G.A. for the State.
The petitioners in the present writ petition are 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. version the allegation are that the marriage of the daughter of the informant was solemnized with the son of petitioners. Adequate dowry had been given at the time of marriage but the in-laws were not satisfied with the same and were demanding additional dowry. On non-fulfilment of said demand they used to torture her daughter and threatened to perform second marriage of their son. On 23.11.2019 her daughter hanged herself to death due to constant demand of dowry.
Learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged in the First Information Report. They have been falsely implicated due to ulterior motive. It is further submitted that they lived separately and had no concern with the acrimony of the spouses. Hence, present 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 petitioners 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 petitioners, it is directed that the petitioners 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