Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16051 of 2019 Petitioner :- Seetu Yadav (Minor) And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narendra Singh Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Narendra Singh, learned counsel for the petitioners, Sri Vinod Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 29.05.2019 registered as case crime no. 0210 of 2019 under sections 304B, 498B IPC and section 3/4 Dowry Prohibition Act, police station- Kishni, District- Mainpuri.
Learned counsel for the petitioners has submitted that the deceased who is daughter of the respondent no. 5 has committed suicide, as is evident from the post-mortem report, in which cause of death is found to be Asphyxia due to hanging. Learned counsel for the petitioners has submitted that the petitioner no. 1 is minor brother-in-law of the deceased and petitioner nos.
2 and 3 are the mother-in-law and father-in-law of the deceased and petitioner no. 4 is the married sister-in-law of the deceased and it has been stated that they have been falsely implicated in the present case and they have no criminal antecedents. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. provided that they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)