Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16094 of 2019 Petitioner :- Yashdeep And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avnish Kumar Srivastava,Umesh Singh Counsel for Respondent :- G.A.,Randhir Singh
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Avnish Kumar Srivastava, learned counsel for the petitioners, Sri Randhir Singh, learned counsel for respondent No. 3, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 22.03.2019 registered as Case Crime No. 0054 of 2019, under Sections 498A, 304B, 504 and 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station-Dilari, District-Moradabad.
Learned counsel for petitioners submits that petitioners are husband, brother-in-law, mother-in-law and father-in-law of the deceased. The deceased, Chanchal delivered a male child two days prior to her death. It is further submitted that the deceased died on account of septicemia, as it appears from the post mortem report. He further submits that two contusion on the person of the deceased i.e. chin and right wrist appears to be cause in some other manner as she was suffering from weakness after surgery. Learned counsel for the petitioners finally submitted that the petitioners are innocent and the present F.I.R. has been lodged with a malafide intention for the purposes of harassment.
Sri Randhir Singh, learned counsel for respondent No.3 and learned A.G.A. have opposed the prayer for quashing of F.I.R. and submits that soon after the incident has taken place, no information was given to the parents of the deceased but the counsel for the petitioners states that cremation of the deceased was performed in presence of the parents of the deceased.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 11.6.2019 Shubhankar (Vivek Varma, J.) (Ramesh Sinha, J.)