Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10677 of 2018 Petitioner :- Vipatiya Alias Patti Devi Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Manish Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner(s) 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. 0133 of 2018, under Sections- 498A, 304B IPC and section 3/4 D. P. Act, P.S.- Pipari, District- Kaushambi.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); sole petitioner is the mother-in-law; husband is not a party in the present case and he is already in jail; marriage is of the year 2014 and the incident took place in the year 2018; cause of death is hanging; deceased left behind her two small children and they are being looked after by the mother-in-law; 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(s) 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation.
Order Date :- 26.4.2018 Kuldeep