Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1838 of 2019 Petitioner :- Satyavir Singh @ Sachin And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Trivedi,Rahul Trivedi 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 State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 3.10.2018, registered as Case Crime No. 0332 of 2018, under Sections 498-A, 307 IPC and Section 3/4 of D.P. Act which was later, on death of the victim, converted to one punishable under Section 304-B IPC., at P.S. Kurra, District Mainpuri.
A perusal of the FIR would go to show that the sister of the informant had suffered burn injuries. Her statement was recorded by the Naib Tehsildar, in which she has disclosed the persons responsible for her burn injuries. Victim, thereafter, died on account of the burn injuries and, therefore, the case was converted to one punishable under Section 304-B IPC. The dying declaration seems to hold husband, father-in-law and mother-in-law directly responsible for her burn injuries but there are general allegations against others also for her harassment.
Learned counsel for the petitioners has sought to argue that the FIR not only levels allegation against the husband, father-in-law and mother-in- law but also implicates 'Devar', 'Mausia Sasur' and 'Nanad'.
Once the allegation made in the FIR do disclose commission of the cognizable offences and there appears a dying declaration of the deceased, the prayer to quash the FIR cannot be accepted. It is, now, matter of investigation as to who is responsible and to what extent.
Under the circumstances, the prayer of the petitioner to quash the FIR cannot be accepted. The petition is dismissed.
Order Date :- 31.1.2019 RavindraKSingh