Held that prima facie a cognizable offence was made out under the IPC. Rejected the prayer to quash the FIR regarding dowry harassment and attempt to murder, refusing the petition but allowing interim bail.
Prayer to quash the FIR refused; grant of interim bail to petitioners.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16764 of 2019
Petitioner :- Sushil Tiwari And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Tripathi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 30.5.2019, registered as case crime No. 240 of 2019, under Sections 498A, 307, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Billhaur, District Kanpur Nagar.
In pursuance of the order dated 17.6.2019, learned A.G.A. submitted that the statement of the victim was recorded before the Tehsildar where she has specifically deposed that she was set on fire by her husband and inlaws. Now today, she is present in Court and it appears that she depose under pressure that she caught fire while she was cooking food in the kitchen due to leakage of LPG gas.
It is submitted by the learned counsel for the petitioners that the respondent no.4 has lodged the FIR against the petitioners alleging that they have tortured and harassed his daughter on account of non fulfilment of demand of dowry and they were instrumental in setting her on fire by pouring kerosene oil. The entire allegation are absolutely
false and concocted. The medical report of the victim clearly shows that she has suffered burn injuries over her body due to cooking of food in the kitchen as such the allegations contained in the FIR becomes falsified. Prima facie no offence has been committed by the petitioners hence the impugned FIR deserves to be quashed.
It is further submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations. He further contended that the innocence of the petitioners cannot be adjudged in the initial stage and the FIR discloses a prima facie cognizable offence against the petitioners hence they do not entitle for any indulgence.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days
from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that the petitioners shall be released on interim bail till the final disposal of the regular bail application.
Order Date :- 26.6.2019
sfa/
1 issue framed by the court
Whether the FIR under Sections 498A and 307 IPC alleging dowry harassment and attempt to murder deserves to be quashed at this stage?
2 provisions across 2 enactments
Sushil Tiwari
Other 1
Other 2
State Of U.P.
Other 3
Other 4
Naheed Ara Moonis
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
