In this criminal miscellaneous writ petition, the Supreme Court dismissed the petition seeking to quash the FIR. The Court observed that as the cause of death was strangulation, no case for the grant of indulgence was made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 9045 of 2018
Petitioner :- Sunil Kumar And 04 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Chandra Bhan Kushwaha Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners 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. 235 of 2018, under Section- 498A, 304B, 323 IPC & 3/4 D. P. Act P.S.- Bilsi, district- Badaun.
We have perused the FIR.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners.
Learned AGA has opposed the prayed with the contention that the cause of death is strangulation.
In view of the aforesaid facts and circumstances and also looking to the fact that cause of death is strangulation,, the Court is of the opinion that no case for grant of any indulgence is made out and accordingly, the instant writ petition is dismissed.
Order Date :- 11.4.2018 Ujjawal
2 issues framed by the court
Whether the FIR registered under 498A 304B IPC etc. deserves quashing.
Whether the cause of death being strangulation justifies dismissal of the quashing petition.
Sunil Kumar And 04 Others
State Of U.P. And 02 Others
Vipin Sinha
Mahboob Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
