In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3481 of 2021 Petitioner :- Shifa Mumtaz And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh,Mohd Atif Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard Sri Nipun Singh, learned counsel for the petitioners, learned AGA for the State-respondents and perused the records.
By means of the present writ petition, the petitioners are seeking quashing of the First Information Report dated 20.03.2021, registered as Case Crime No. 0086 of 2021, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali, District Ballia, It is contended that the allegation in the FIR are abetment of suicide and the same had been committed by the victim at her parental home. None of the allegations of the aforesaid FIR lodged under Section 304-B, 498-A IPC read with 3/4 D.P. Act, 1961 are against the petitioners, who are sister-in-laws of the deceased. The petitioner No. 1 is married sister-in-law whereas the petitioner No. 2 is unmarried.
Looking to the allegations made in the FIR and considering the submission of the learned counsel for the petitioners, though we do not find any reason for quashing of the FIR but for the assertions made herein, it is provided that the petitioners shall not be arrested pursuant to aforesaid First Information Report till submission of the police report under Section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not make any effort to influence any witnesses or tamper any evidence.
The writ petition is, accordingly, disposed of.
Order Date :- 20.5.2021 gp