Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37580 of 2018 Petitioner :- Vinod Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manvendra Nath Singh,Vinod Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Nitish Kumar Srivastava holding brief of Shri Vinod Kumar Singh, learned counsel for petitioners and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 10.07.2018 registered as Case Crime No. 0153 of 2018, under Sections 498-A, 307, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali Kalpi, District- Jalaun.
In the F.I.R. in substance the allegation has been made that daughter of the informant Bhavana Devi was married to Raj Bahadur Singh @ Raji s/o Mahendra Singh on 29.04.2017. At the time of marriage Rs. 8 lac and goods of Rs. 3 lac were given in dowry but the family members of the husband Raj Bahadur Singh were not satisfied with the dowry. Thereafter they were demanding Rs. 2 lac and two gold ring which could not be paid by the informant. Due to wedlock of Raj Bahadur and Bhavana, one child (son) was born. On 07.07.2018 at 4:00 p.m. the accused Raj Bahadur Singh (husband), Vinod Singh (uncle-in-law), Munni Devi (aunt-in-law), Rohit Singh (brother-in- law) and Deepak Singh (brother-in-law) poured inflammable substance upon the Bhavana and set fire.
During investigation, the statement of victim was recorded by Investigating Officer in which she has stated that on the day of incident Raj Bahadur Singh husband of victim has came to the house in the state of intoxication and begin to assault her on which she told that she wants to go her father's house but her husband was not ready. Then she requested to Rohit Singh (borhter-in-law) to leave her at father's house who was also not ready to do so. In the meantime, Raj Bahadur Sing @ Raju poured kerosene oil upon the Bhavana and set fire and thereafter her Vinod Singh (uncle-in-law), Munni Devi (aunty-in-law), Vinod and Rohit tried to save her from fire and got her admitted to the hospital. During the treatment, the victim died on 30.07.2018 and the case was converted under Section 304B I.P.C. After investigation, Investigating Officer submitted charge- sheet under Section 304 B I.P.C. against Raj Bahadur Singh @ Raju (husband). Investigation is still pending against remained accused.
Counsel for the petitioners submits that in view of statement of victim, there is no allegation in regard to demand of dowry not seems it is the death of dowry death.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 0153 of 2018, under Sections 498-A, 307, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali Kalpi, District- Jalaun till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 21.12.2018 Sharad/-