Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4580 of 2019 Petitioner :- Ravi Jaisawal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for the respondent nos. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report date 25.12.2018 registered as Case Crime No. 0325 of 2018 at Police Station Barhaj, District Deoria, under Sections 498-A, 342, 316, 323, 308, 504, 506 IPC and Section 3/4 Dowry Prohibition Act.
The contention of learned counsel for the petitioners is that the first information report though discloses commission of cognizable offence but only general allegation in respect of demand of dowry has been levelled. However, in respect of an incident dated 05.09.2018, it is alleged that all four accused, namely, the petitioners, locked the informant in a room and assaulted the informant and left her at her paternal home. The FIR was lodged on 25.12.2018. It has been submitted that the petitioner nos. 3 and 4 are married sisters-in-law whereas petitioner no. 2 is mother-in-law. It has also been submitted that the petitioner no.1 had filed a divorce petition against the respondent no.4 on account of long standing matrimonial differences.
On 21.02.2019, we had required the learned AGA to produce injury report of the informant. The injury report of the informant has been supplied to the Court, which indicates that as many as five contusions were found present on the body of the victim though, according to the opinion of the doctor, the injuries were simple in nature caused by hard and blunt object. The injury report is of 05.09.2018 and they appear to be 12 to 24 hours old. The victim was examined at 11.00 p.m. on 05.09.2018.
In view of the above, the prayer of the petitioners to quash the first information report cannot be accepted. However, looking to the delay in lodging the FIR as also that the petitioner nos. 3 and 4 are married sisters-in-law and the petitioner no.2 is mother-in-law of the victim, we deem it appropriate to dispose
off this petition by providing that insofar as the petitioner nos. 2, 3 and 4 namely, Kiran Devi, Deep Mala and Baby are concerned, the investigation of the case shall continue and be brought to its logical conclusion but, subject to their co- operation in the investigation, they shall not be arrested in the aforesaid case, till the submission of police report under Section 173 (2) Cr.P.C.
Insofar as the petitioner no.1 (Ravi Jaiswal), the husband of the victim is concerned, we do not find any good ground to grant any relief in the writ jurisdiction.
Accordingly, the petition of the petitioner no.1 is dismissed. Order Date :- 28.2.2019 Lbm/-