Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1476 of 2019 Petitioner :- Ramesh Chand And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.06.2018 registered as Case Crime No. 648 of 2018, under Sections 323, 342, 307, 504, 377, 506 I.P.C. at P.S. Kankarkhera, District Meerut.
The allegation in the first information report is that the informant was married to the son of the petitioners 1 and 2 on 07.02.2005; that out of the marriage, two children were born; that the members of the family of her husband including husband were not happy with the dowry provided in the marriage; and that the husband had illicit relations with one lady, namely, Princi Sharma. It is alleged that earlier an incident had taken place in connection with which a report was submitted and counselling was going on. It is stated that during the course of counselling, on 05.10.2017, when the informant was returning from the counselling session, she was locked in a room by her husband and other co-accused and was assaulted, on account of which, she suffered injuries and was admitted for treatment.
The contention of the learned counsel for the petitioners that in so far as the offence punishable under Section 377 I.P.C. is concerned, there is no specific allegation against the petitioners in that regard and in so far as offence punishable under Section 307 I.P.C. is concerned, there is also no specific allegation against any of the present set of petitioners. It has been submitted that from perusal of the first information report, it appears that relations between husband and wife had soured on account of alleged illicit relations of the husband with another lady. It has also been submitted that the incident of which information was earlier given was registered as a non-cognizable report and no permission of the Magistrate has been obtained for investigation and otherwise also the injury report does not suggest any serious injury. It has also been submitted that since the petitioners 1 and 2 are elderly persons, who are father-in-law and mother-in-law of the informant, and the petitioner no.3, who is not related to the family butis a mere labour, they deserve protection during pendency of the investigation.
Having considered the submissions advanced as also having perused the record, we are of the view that no case to quash the first information report is made out. However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that subject to their co-operation in investigation, the petitioners (Ramesh Chand; Smt. Kamlesh; and Sri Jai Kumar) shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
Order Date :- 22.1.2019 Sunil Kr Tiwari