Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10557 of 2018 Petitioner :- Smt. Urmila Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard, learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 61 of 2018, under Sections- 498A, 304B IPC & 3/4 D.P. Act, P.S. Badlapur, district Jaunpur.
Learned counsel for the petitioner submitted that petitioner is mother-in- law of deceased; there is matrimonial dispute between co-accused Arvind Yadav and Smt. Ruchi Yadav daughter of respondent no.3 and some dispute has arisen with regard to dowry; the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
After hearing learned counsel for petitioner and learned AGA, it is directed that in case, petitioner appears and surrenders before the court below within 45 days from today and applies for bail, her prayer for bail shall be considered and decided expeditiously.
With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 25.4.2018 T.S.