Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2300 of 2019 Petitioner :- Samir Kumar Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subhash Chandra Tiwari,Anoop Kumar 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, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 05.10.2018 registered as Case Crime No. 0302 of 2018 at P.S. Mubarakpur, District Azamgarh, under Sections 498A, 323, 506, 304-B I.P.C. and section 3/4 D.P. Act.
The allegation in the first information report, which has been lodged by the brother of the deceased, is that the deceased was married on 20th April 2016 to Ravikant Singh, the brother of the petitioner no.1, whose wife is the petitioner no.2. It is alleged in the first information report that the deceased was being harassed by her in-laws including petitioners and that, on 04th October, 2018, information was received by the informant from the petitioner no.1 that informant's sister is serious. But when he reached her house he found her body lying at the door of the house. It has been alleged that she has been killed by her in-laws.
The post-mortem report of the deceased reveals that she died due to asphyxia as a result anit-mortem hanging.
Considering the fact that the deceased died within seven years of her marriage and the petitioners are close relatives of the husband of the deceased and there are allegations of harassment of the deceased in connection with demand of dowry, no case for interference is made out.
The petition is dismissed.
Order Date :- 29.1.2019 Sunil Kr Tiwari