Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34529 of 2018 Petitioner :- Shyampal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rajesh Kumar Singh for the petitioner and A.G.A. for the State of UP.
The writ petition has been filed for quashing the F.I.R. dated 21.10.2018, registered as Case Crime No.193 of 2010, under Sections 498A, 304B, IPC. and 3/4 Dowry Prohibition Act, P.S. Rajapur, district Chitrakoot.
A perusal of the F.I.R. shows that the deceased Bhawna Devi was married to Bhupendra Singh on 20.6.2018 and at the time of marriage dowry was given according to the capacity of the parents of the deceased but her in-laws, namely, mother and sister of the husband and the petitioner were not satisfied with the dowry. In relation to demand of dowry it has been stated that Beena Devi, mother-in-law and Basanti Devi, sister-in-law of the deceased used to assault and torture the deceased and on 8.10.2018 they were informed that Bhawna Devi had died. The death had occurred due to consuming of poison. In the post mortem report no external injury was found on the body of the deceased.
So far a F.I.R. is concerned it does disclose a cognizable offence as such it is not liable to be quashed at this stage. However, a perusal of the F.I.R. shows that main allegation regarding torture and assault of the deceased is against mother-in-law and sister-in-law. The petitioner is a maternal uncle of the husband of the deceased.
In the fact of the case, the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.193/2018, under Section 498A, 304B, IPC and 3/4 Dowry Prohibition Act, P.s. Rajapur, district Chitrakoot till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 30.11.2018 mt