Heard Shri Sudhakar Mishra, learned counsel for the applicants as well as Shri Rajeev Verma-I, learned AGA for the State and perused the record.
The instant application has been moved by the applicants with a prayer to quash the Charge sheet No. 378 of 2020, dated 26.09.2020, the entire proceedings of Criminal Case No. 15 of 2021 (State Vs. Shruti Tiwari and others), arising out f Case Crime No. 0371 of 2020, under Sections 323, 504, 506 IPC, Police Station Amethi, District Amethi.
Learned counsel for the applicants submits that the applicants no.1, 2 and 3 are daughters of Pawan Kumar Tiwari who is real brother of the informant- Vijay Nath Tiwari and even if the case of the prosecution is taken on its face as stated in the FIR the dispute is of minor nature and it appears that some quarrel has taken place between the families of two real brothers (informant and father of applicants), which has been aggravated by lodging the first information report on false and concocted facts.
Fortifying his submissions the attention of this Court is drawn on an injury report of the informant, perusal of which, shows that the informant was medically examined on 19.1.2020 at 12.10 P.M. at C.H.C. Amethi and no mark of any injury was found on his person nor his son- Lauvkush has received any kind of injury in the alleged incident.
Highlighting the above facts it is vehemently submitted that the facts pertaining to a minor quarrel occurred between the families of two brothers has been given the colour of fighting in order to harass the applicants, who are young ladies.
It is next submitted that Investigating Officer has not investigated the allegations of the FIR in right perspective and have submitted the charge sheet and the Magistrate has also not perused the material made available through the case diary and issued process against the applicants.
Learned AGA, however, on the other hand submits that even if no injury has been cased the penal provision of Section 323 IPC shall attract and no illegality has been committed either by the Investigating Officer or by the Magistrate either in submission of charge sheet and taking cognizance or issuance of process.
Having heard learned counsel for the parties and having perused the record, it is admitted fact that applicants no. 1, 2 and 3 are the daughters of real brother of the informant, namely, Pawan Kumar Mishra. It has been stated in the FIR that the son of the informant has got a fracture of leg in the incident and it has been categorically stated by learned counsel for the applicants that the allegations are patently false and apart from the injury report of the informant- Vijay Nath Tiwari, wherein no injury has been noticed, no report of Lavkush has been enclosed by the Investigating Officer with the charge sheet.
Having heard learned counsel for the parties and having perused the record, prima facie it appears to be a dispute between the families of two real brothers and having regard to the submissions made by learned counsel for the applicants, the same requires consideration.
Issue notice to opposite party no.2 within three weeks from today.
Steps in this regard be taken by learned counsel for the applicants within three working days from today.
List this case in the week commencing 23rd August, 2021.
Till the next date of listing, no coercive measures shall be taken against the applicants in the case mentioned herein-above.
Order Date :- 30.7.2021 Muk